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1979 April Council Proceedings 93 Special Session, March 19, 1979 Regular Session, AprD 2,1979 94 CITY COUNCIL Yeas-Mayor Wertzberger. Council Members Farrell. King, Tully. Nays-None. Absent-Council Member Brady. Leo F. Frommelt City Clerk OFFICIAL Regular Session, April 2, 1979. Council met at 7:30 p.m. (CST) Present: Mayor Wert"berger, Council Members Brady, Farrell, King, Tully. City Manager Gilbert D. Cbavenelle. Mayor Wertzberger read the call and stated that service thereof had been duly made and this is THE REGULAR MONTHLY MEETING: ALSO AN AD- JOURNED SESSION OF MARCH 19, 1979, COVERING THE HOUSING CODE, called for the purpose of acting upon such business as may properly come before tbe Meeting. Proclamation proclaiming week of August 19th thru 26th as "Dubuque Bicycle Week" was so proclaimed by Mayor Wert"berger. Communication of Building Depart- ment submitting minutes of puhlic meetiug of Housing Code Review Com- mittee held on March 16, 1979, indicat- ing pros and cons relative to the proposed Housing Code, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wert"berger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dubuque Building Trades requesting adoption of the new ~X~::.al Housing Code, preseuted I Council Member Tully moved that the communicatiou be received and filed. Seconded by Council Member Farrell. Carried by the follo . ~as-May~ Council Members Brady, Farr Tully. Nays-None. Communication of Housing Inspector James L. Rubel, dated March 27, 1979, suhmittiug several Housing Code changes reo Eapanding Advisory and Appeals Board to 9 members, Clarify- ing the responsibilities of the Appeals ~i~a;~o~=¡', ;:'en:J':~ read. Council Member Tully moved that the communication be received and filed and cbanges approved and adopted. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Communication of Building Commis- sioner Feyen, dated March 28, 1979, Approved 1979 Adopte<i 1979 - Council Members ATTEST: City Clerk recommending adoption of Article nr Alternate 2(a) to exclude all one and two dwelling units from multiple dwell- ing program and to provide licensing and inspection fees concurring witb City Council's guidelines, presented and read. Council Member Tully moved that the communication be received and filed and recommendations be approved and adopted. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wert"berger, Council Members Farrell, Tully. Nays-Council Members. Brady, King. William Hammel, Cbairman of Hous- ing Code Review Committee spoke to the Council and reviewed recommended changes as submitted hy Staff and Citizen input. Advised 7 member Appeals Board will be increased to 9 with 3 members to be chosen At-Large. Exteusion of time to be granted in event of a hardship and Appeals Board has a right to grant a variance: Advised work will be cousidered physi- cally commenced if owner has contacted architects, etc., or if owner has com- meuced work himseJf. In reference to Article III concerlÚng Fees - Owner occupied unit is exempt from first in- spection: 2nd time is charged: Com- mittee has no recommendation on fee schedule. Building Commissioner Feyen spoke to the Fee Schedule stating one & two family units are to be exempt; Need not be inspected periodically. Fees for multiple dweHings will be $7.00 annual licensing fee: Every 3 year inspection charge will be $10.00 for the dwelling plus $1.00 for each unit: Reinspection fee will be $10.00 plus $2.00 on each unit. Merlin Langkamp, an apartment owner at 2977 Wildwood Dr., was of the opinion that apartment owners were being diacriminated against. Dorrance Cox, 2222 Cberry St., questioned why pay inspectors twice? Brian Mihalakis, 1454 Maple St., opposed Housing Code because it was an Infringement of Rights; Form of barrassment for more particularly the Flats Area. Bill Malone of the North Dubuque Neigbborhood read a communication opposing adoption. Don Deicb, 2605 Washington, ques- tioned power of Law Enforcement: Power to Deputize: Violations are not classified as to Major and Minor. Dave Loring, 3877 Hillcrest Rd. voiced objections to proposed Housing Code. 95 Regular Session, AprH 2, 1979 Wilfred G. Stecklein, 675 W. 11th St.. INSPECTIONS. has no objection to inspection; Stated Sec. 20-3.01 PermIts timing of inspections is important. Sec. 20-3.02 Fees. ~ EogJ!ng, 1788 ~eY":ay Dr. adyised ~:c~2~g.0:.~~sP:~¡'¡~~Sg Operating of mspectlon regarding illegal dramage L' e ses tile connected. to his sto~ sewer and A~;ICLE IV - DEFINITIONS app~ved by City InspectIon. Sec. 20-4.01 Definitions RichardVorwaldre~uested9wnerbe ARTICLE V - SPACE AND protected under building pernnts. OCCUPANCY STANDARDS ORDINANCE NO. 20-79 Sec. 20-5.0 Restricted Occupancy An Ordinance amending the Code of Sec. 20-5.01 Location on Property Ordinances of the City of Dohuque, Sec. 20-5.02 Yards and Courts Iowa, by repealiog Chapter 20 thereof Sec. 20-5.03 Room Dimensions ønd eoaetiDg a new Chapter 20 in lieu Sec. 20-5.04 Ligbt and Ventilation thereof to re-estabUsh modem minimum Sec. 20-5.05 Sanitation health, saluty, and welfare standards ARTICLE VI - STRUCTURAL governing the maintelUUlce and '"'cu. REQUIREMENTS poncy 01 all dwellings ønd dwelling units Sec. 20-6.01 General located in all areas under the jurlsdic- ARTICLE VII - MECHANICAL tion of the Government of the City of REQUIREMENTS Dohuque; to establish minimum res!' Sec. 20-7.01 Heating and Ventilation dential bousing stønoiards, operating Sec. 20-7.02 Applicable Provision Ucenses and certain dwellings, res!- ARTICLE VIII- EXITS dential housing inspections, fees for Sec. 20-8.01 General operating licenses ønd res!dential hous' ARTICLE IX - FIRE PROTEC- ing inspection, Ø'Ovidlng for the coDoc- TION tion of fees, penalties and procedures Sec. 20-9.01 General for abating violations, and the adminIs, ARTICLE X - SUBSTANDARD tntion ønd enforcement of these stan. BUILDINGS, DWELLING UNITS dards consistent with those of the u.S, AND LOTS Department of health, education and Sec. 20-10.01 Geueral welfare; the u.S. Department of hous- ARTICLE XI - NOTICES AND ing ønd urban develOØDOnt, the uuilorm ORDERS OF BUILDING OFFICIAL codes, the Code of Iowa, and the Sec. 20-11.01 General building and teebnicaI codes of the City Sec. 20-11.02 Recordation of Notice of Dohuque; declaring certain nuisances and Order uaIawful; ønd Ø'Ovidlng penalty for the Sec. 20-11.03 Repair, Vacation and violation hereof, Demolition said Ordinance having been previously Sec. 20-11.04 Notice to Vacate presented and read at the Counell ARTICLE XII -APPEAL Meetiugs of February 5, 1979 and Sec. 20-12.01 General . March 8, 1979, presented for final Sec. 20-12.02 Effect of Fatlure to adoption. Appeal Sec. 20-12.03 Scope of Hearing on (OFFICIAL PUBLICATION) Appeal City of Dubuque Sec. 20-12.04 Staying of Order Under Code of Ordinances Appeal Cbapter 20 ARTICLE XIII - PROCEDURES Resldeutial Housing Code FOR CONDUCT OF HEARING TABLE OF CONTENTS APPEALS ARTICLE I - GENERAL PRO VI- Sec. 20-13.01 General SIONS Sec. 20-13.02 Form of Notice of Sec. 20-1.01 Title Hearing Sec. 20-1.02 Legislative Findings Sec. 20-13.03 Subpoenas Sec. 20-1.03 Purposes Sec. 20-13.04 Conduct of Hearing Sec. 20-1.04 Score Sec. 20-13.05 Metbod and Form of ARTICLE II - ORGANIZATION Decision AND ENFORCEMENT ARTICLE XIV - ENFORCEMENT Sec. 20-2.01 Authority, Powers, and OF THE ORDER OF THE BUILD- Duties of Building Official ING OFFICIAL OR THE BOARD Sec. 20-2.02 Substandard Buildiugs, OF APPEALS Dwelling Unit,;, audLots Sec. 20-14.01 Compliance Sec. 20-2.03 Housing Code Advisory Sec. 20-14.02 Extension of Time to aud Appeals Board Perform Work Sec. 20-2.04 Violations and Penaities Sec. 20-14.03 Interference with ARTICLE III - PERMITS AND Repair or Demolition Work Prohibited Regular Session, AprH 2,1979 ARTICLE XV - PEFORMANCE OF WORK OF REPAIR OR DEMOLI- TION Sec. 20-15.01 General Sec. 20-15.02 Repair and Demolition Fund ARTICLE XVI - RECOVER OF COST OF REPAIR OR DEMOLI- TION Sec. 20-16.01 Account of Expense, Filing of Report: Content Sec. 20-16.02 Report Transmitted to Council- Set for Hearing Sec. 20-16.03 Protests and Objections - How Made Sec. 20-16.04 Hearing of Protests Sec. 20-16.05 Personal Obligation or Special Assessment Sec. 20-16.06 Contest Sec. 20-16.07 Autbority for Install- ment Payment of Assessments with Interest Sec. 20-16.08 Lien of Assessment Sec. 20-16.09 Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill Sec. 20-16.10 Filing Copy of Report witb County Auditor Sec. 20-16.11 Collection of Assess- ment: Penalties for Foreclosure De~~'li~~;~~~tepayment of Repair I Appendix "A" Building Code Section References (OFFICIAL PUBLICATION) ORDINANCE NO. 20-79 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING CHAPTER 20 THEREOF AND ENACTING A NEW CHAPTER 20 IN LIEU THEREOF TO RE-ESTABLISH MODERN MINIMUM HEALTH, SAFETY, AND WELFARE STAN- DARDS GOVERNING THE MAIN- TENANCE AND OCCUPANCY OF ALL DWELLINGS AND DWELL- ING UNITS LOCATED IN ALL AREAS UNDER THE JURISDIC- TION OF THE GOVERNMENT OF THE CITY OF DUBUQUE: TO ESTABLISH MINIMUM RESI- DENTIAL HOUSING STAN- DARDS, OPERATING LICENSES FOR CERTAIN DWELLINGS, RE- SIDENTIAL HOUSING INSPEC- TIONS, FEES FOR OPERATING LICENSES AND RESIDENTlAL HOUSING INSPECTIONS, PRO- VIDING FOR THE COLLECTION OF FEES, PENALTIES AND PRO- CEDURES FOR ABATING VIOLA- TIONS, AND THE ADMIN- ISTRATION AND ENFORCE- MENT m' THESE STANDARDS 96 CONSISTENT WITH THOSE OF THE U.S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, THE U.S. DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT, THE UNIFORM CODES, THE CODE OF IOWA, AND THE BUILDING AND TECHNICAL CODES OF THE CITY OF DUBUQUE; DECLARING CERTAIN NUI- SANCES UNLAWFUL: AND PRO- VIDING PENALTY FOR THE VIOLATION HEREOF NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Chapter 20 thereof and adding a new Chapter 20 tbereof to read as follows: CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 20 "RESIDENTIAL HOUSING" ARTICLE I GENERAL PROVISIONS Section 20-1.01 Title: Tbis ordinance sball be known as the "City of Dubuque Residential Housing Code", or tbe "City of Dubuque Housing Code", or the "Housing Code": may be cited as such, and will be referred to herein as "tbis code". Section 20-1.02 Legislative Fiud- ings: It is bereby found tbat there exist and may in the future exist; in any area under jurisdiction of the gov- ernment of the City of Dubuque, buildings, dwellings, dwelling units, premises, or vacant lots, or parts tbereof as defined berein, which by reason of tbeir structure, building ser- vice equipment, sanitation facilities, maintenance, use, or occupancy effect or are likely to effect adversely the public health (including tbe pbysical, mental, and social well-being of per- sons and families), safety and general welfare of tbe public and tbe owners or occupants of dwellings. To correct and prevent the existence of sucb adverse conditions, and to achieve and main- tain sucb levels of residential euviron- mental quality as will protect and promote public health, safety, and gen- eral welfare, it Is further found tbat the establisbment and enforcement of minimum residential housing standards are required. Section 20-1.03 Purposes: It is hereby declared that the purpose of this ordinance is to protect, preserve, and promote the physical and mental 97 Regular Session, AprH 2, 1979 health and social well-heing of the people, to preveut and control the inci- dence of commnnicable diseases, to reduce environmental hazards to health, to regulate privately and pub- licly owned dwellings for tbe purpose of maintainiug adequate sanitation and public bealth, and to protect the safety of tbe people and to promote the gen- eral welfare by legislation which shall I be applicable to all dwellings uow ln existeuce or bereafter constructed. It is hereby further declared that the purpose of this ordiuance is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: estab- lisbment of minimum standards for bssic equipment and facilities for light, ventilation, and thermal conditions, for safety from rITe and accidents, for tbe use and location and amount of space for buman occupancy, and for an ade- quate level of maintenance; determina- tion of the responsibilities of owners, operators and occupants of dwellings; and provisiou for tbe admiuistration and enforcement tbereof. ~:)~;~?;;t~~~~°fu: provisions of I tbis code shall apply to all buildings or portions thereof designed, used, or intended to be used, for buman habita- tion. Buildings in existence at the time of passage of tbis code may have their construction, design, arrangement, use, occupancy, providing service equip- ment continued if such construction, design, arrangement, use, occupancy, or building service equipment wss legal at tbe time of sucb coustruction, use, occupancy or iustallation, provided they are not preseutly aud directly likely to endanger the life, limb, health, or safety of the building occu- pants or owners, or the public iu geu- era!. Every room in any building classified in whole or in part as a dwelling, including every room in all other occupancies in the same build- ing, shall comply with all the provi- sions of this code for dwellings and all other applicable provisions pursuaut thereto. (See Sectiou 20-1.04(b)) (b) Alteration: Existing buildings and existing building service equipment which are altered or enlarged sball be made to conform to tbis Code insofar ss the neW work is concerned and in accordance with Section 104(a), (b), (c), (d), (e) and (i) of the Building Code and all other applicable codes or ordinances. (See Appendix "A" for Building Code Sections) (c) Relocations. Buildings or struc- tures moved into or witbiu tbe juris- diction of the City of Dubuque shall comply with all applicable provisions pursuant to tbe construction of new buildings. ARTICLE 11 ORGANIZATION AND ENFORCEMENT Section 20-2.01 Authority, powers and Duties of Building Officia!. (a) Creation of Housing Division. There is hereby recreated the Housing Division in the Building Department of tbe City of Dubuque Government which shall be under tbe administra- tion and operational control of the Building Commissioner who for the purposes of this code is hereby duly appointed as deputy health officer and is hereby authorized and directed to administer aud enforce all provisions of this code is bereinafter referred to as the "Building Official" or the "authority baving jurisdiction". For sucb duties the Building Official and 'bis deputies and assistants shall bave the powers of law enforcement and police officer. (b) Deputies. In accordance with the prescribed procedures and with the approval of tbe appointing autbority, tbe Building Official may appoint sucb number of officers, inspectors, and assistants, and other department employees as shall be authorized from time to time. The Building Official may deputize such employees ss may be necessary to carry out tbe functions of tbe Building Department. (c) Right of Eutry: Whenever neces- sary to make an inspection to euforce any of tbe provisious of tbis code, or whenever the Building Official or his autborized represeutative bss reason- able cause to believe that tbere exists in any building or upou any premises or vacant iot any coudition or code violation which makes such buildiug, premises, or vacant lot unsafe, danger- ous, or hazardous, the Buildiug Offi- cial or his authorized representative may enter such building, premises, or vacant lot at all reasonable times to inspect the same or to perform any duty imposed upon the Building Offi- cial by tbis code; provided tbat if such building or premises be occupied, he shall first preseut proper credentials and ssk entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having cbarge or control of the building or premises and ask eutry. If sucb entry is refused, the Buildiug Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or. occupant or any other person having charge, care Regular Session, AprD 2, 1979 98 or control of any building or premises (b) Autbority to Condemn Equip- shall fail or neglect, after proper ment. Wbenever the building official demand is made as berein provided, to sscertains that any equipmeot, or por- promptly permit entry tberein by the tion tbereof, regulated by this code has Building Official or his authorized rep- become hazardous to life, health or resentative for tbe purpose of inspec- property, be shall order in writing that tion and examination pnr~uant to this sucb equipment either be removed or code. "Authorized Representative" restored to a safe or sanitary condi- shall include the officer named in Sec- tion, as appropriate. The written notice tion20-2.01(b) and (ci oftbiscode. itself shall fix a time limit for compli- (d) Stop Orders. Wbenever any work ance with sucb order. No person shall is being done contrary to the provisions use or maintain defective equipment of tbis code, the building official may after receiving such notice. In cases of order the work stopped by notice in immediate danger to life or property, writing served on any persons engaged sucb disconnection may be made in tbe doing or causing such work to be immediately witbout sucb notice. done, and any such persons shall fortb- (i) Counectiou After Order to Dis- with stop sucb work until authorized connect. No person shall make con- by tbe building official to proceed witb nections from any energy, fuel or the work. power supply nor supply energy or fuel (e) Occupaucy Violations. Wbenever to any equipment regulated by tbis any building or structure or equipment code wbich bss been disconnected or therein regulated by tbis code is being ordered to be disconnected by tbe used contrary to the provisions of tbis building official or the use of wbich bss code, the building official may order been ordered to be discontinued by tbe such use discontinued and the struc- building official until the building offi- ture, or portion tbereof, vacated by cial authorizes tbe reconnection and notice served on any person causing use of such equipment. Wben any such use to be continued. Such person equipment is maintained in violation of sball discontinue the use within the this code, and in violation of any time prescribed by tbe building offi- notice issued pursuant to the provi- cial after receipt of such notice to sions of this section, tbe building offi- make tbe structure, or portion tbereof, cial may institute any appropriate comply with the requirements of tbis action to prevent, restrain, correct or code. abate the violation. (f) Authority to Disconnect Utili- (j)Liability. ties in Emergencies: The building 1. Owner-Occupant. Every owner official or his autborized representative remains liable for violations of shall have tbe autbority to disconnect duties imposed upon bbn by tbis fnel gas utility service, or energy sup- Code even tbough an obligation is plies to a building, structure or equip- also imposed on tbe occupants of ment regulated by tbis code in case of bis building, and even though the emergency where necessary to elimi- owner bas, by agreement, imposed nate an immediate bazard to life or on the occupant the duty of fur- property. nishing required equipment or of (g) Authority to Order Disconnec- complying witb this Code. tiou of Utilities. The building official Every owner, or his agent, in or bis authorized representative shall addition to being responsible for have the authority to order disconnec- maintaining bis building in a sound tion of any fuel gas utility, energy sup- structural condition, sball be plied to a building, structure or responsible for keeping tbat part of equipment regulated by this code wben the huilding or premises which he he ascertains that the equipment or occupies or controls in a clean, san- any portion tbereof has become hazar- itary and safe condition including dollS or unhealthy. Written notice of the sbared or public areas in a such order to disconnect services and building containing two or more the causes therefor shall be given dwelling units. Every owner shall, within 24 hours to tbe owner and where required by tbis Code, the occupant of sucb building, structure or health ordinance or the health offi- premises, provided, however, that in cer, furnish and maintain such cases of immediate danger to life or approved sanitary facilities as property, such disconnection may be required, and sball furnish and made immediately withoot such notice. maintain approved devices, equip- The building official shall immediately ment, or facilities for the preven- notify the serving utility in writing of tion of insect and rod en t the i"uance of sucb order to discon- infestation, and where infestation ned. bas taken place, shall be responsible - - - -- ~ 99 Regular Session, AprH 2, 1979 for the extermination of any I insects, rodents, or other pests when' such extermination is not spedfi- cally made the respousibility of tbe occupant by law or ruling. Every occupant of a dwelling unit, in addmon to being responsi- ble for keepiug in a clean, sanitary, and safe condmon that part of the dwelling or dwelling unit or prem- ises whkh be occupies aud controls, sball dispose of all bis rubbish, gar- bage, and other organic waste io a manner required by the health ordi- nance and approved by the health officer. Every occupant sball, where required by this Code, the health ordinance or the health officer, fur- nish and maintain approved devices, equipment or facilities nec- essary to keep his premises safe and sanitary. 2. Building Official. Tbe building offidal, or bis authorized represen- tative, cbarged witb enforcement of this code acting iu good faitb and wllhout malice in the discharge of his duties, shall not tbereby render himself personally Hable for any damage that may accrue to persons or property as a result of any act or omission in tbe discharge of his duties. A suit brougbt against tbe buHding official or employee because of such act or omission performed by bim in the enforce- ment of any provision of this code shall be defended by legal council provided by this jurisdiction until final termination of sucb proceed- ings. This code shall not be construed to relieve from or lessen tbe respon- sibHity of any person owning, operating or controlling any equip- ment regulated berein for damages to persons or property caused by defects, nor shall the code enforce- ment agency or its parent jurisdic- tion be beld as assuming any such Hability by reason of the inspec- tious authorized by this code or any approvals issued under this code. (k) Cooperation of Other Officials aud Officers. The building official may request, and sball receive so far as is required, in the discharge of his duties, tbe assistance and cooperatiou of otber officials of tbis jurisdiction. Sectiou 20-2.02 Substandard or Uusafe Buildings, Structures, Dwelliug Units, Premises, Vacant Lots, or Building Service Equipment. (a) All buildings 0< structures regu- latsd by this code arid the technical codes wbich are structurally inade- quate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life and are for the purpose of tbis section unsafe. (b) Building service equipment regu- lated by sucb codes, which constitutes a fire, electrical or health hazard, or unsanitary condition, or is otherwise dangerous to buman life is, for the pur- pose of this section, unsafe. Any use of buildings, structures or building service equipment constituting a hazard to safety, health or pubHc welfare by reason of inadequate main- tenaoce, dilapidation, obsoleecence, fire hazard, disaster, damage or abandon- meut is, for tbe purpose of this sec- tion, an unsafe use. (c) Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members wbkb are supported by, attached to, or a part of a building and wbkh are in deteriorated condition or otherwise unable to sustaiu the design loads which are specified in the Building Code are hereby designated as unsafe building appendages. (d) All buildings, structures, dwelling units, building service equipment or vacant lots, or portions thereof wbicb are determined by the Building Offi- dal to be substandard or unsafe as defined in this or any technical code adopted by the City, is declared to be a nuisaoce and shall be abated by repair, rehabilitation, or demolition and removal as provided by tbis code or otber technical codes adopted by the City. Section 20-2.03 Housing Code Advisory and Appeals Board. (a) In order to provide for interpreta- tion of the provisions of this Code and to hear appeals provided for hereunder, there is hereby estabHshed a Housing Code Advisory and Appeals Board con- sisting of nine (9) members and nine (9) alternate members. Tbe City Coun- cil shall appoint one Housing Code Advisory and Appeals Board member and one alternate Housing Code Advi- sory and Appeals Board member from each of tbe following: the Building Code Board of Appeals, the Electrical Board of Appeals, tbe Mechankal Board of Appeals, the Plumbing Board of Appeals, the Housing Commission, the Housing Rehabilitation Commis- sion and three (3) members from the community-at-large. The term of office for Housing Code Advisory and Appeals Board members and alternate board members sball be for a term of three (3) yea", except that the original Regular Sessiou, AprD 2, 1979 100 appoiutment shall be four (4) members for tbree (3) years, three (3) members for two (2) years, two members for one (1) year; 4 alternate members for three (3) years, three alternate members for two (2) years, and two (2) alternate for one (1) year. (b) The Board shall adopt reasonable rules and regulations for conducting its business and shall render all dedsions and findings in writing to the appellant with a copy to tbe Building Official. Appeals to tbe board shall be processed in accordance witb the provisions con- tained in Section 20-12.01 of this Code. (The Board shall have tbe rigbt to grant reasonable extensions of time to perform necessary work to bring the dwelling into compliaoce with this Code. The Board sball also have the right to waive defidency compliance, when sucb defidency does not .present eminent danger to the occuPants of said dwelling unit, when it can be proven tbat such compliance will bring undue bardship upon tbe owner of said dwelling unit). Copies of all rules or regulations adopted by tbe board shall be delivered to the Building Official who shall make tbem freely accessible to the public. (c) Any person wbo is aggrieved by tbe Housing Code Advisory and Appeals Board may petition the City Council or Board of Healtb for a hearing wbose judgment shall be final except as oth- erwise provided for by law. (d) The Housing Code Advisory and Appeals Board may also advise the City Council on any matters concern- ing this code and make recommenda- tiou for amendments to this code. Section 20.2.04 Violatiou and Pen- alties. (a) It shall be unlawful for any person in any area under jurisdiction of the City of Dubuque to erect, cause, or continue any attractive, common, or public nuisance as defined by Cbapter 20 of the Code of Ordinances of the City of Dubuque. or as known at com- mon law or in equity jurisprudeuce: or to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or main- tain any building, structure, lot, or other real property; or auy portion or any combination thereof: or cause or permit the same to be done; contrary tò or in violation of any of the provi- sions of this code or ordinance or any code or ordinauce herein adopted by reference. Tbe doing of My act, or the omission of any act, declared to be unlawful by this Code or Ordinance, or any code or ordinance herein adopted by reference, is declared to be a misde- meanor, and each said act shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is com- mitted, continued, or permitted and upon conviction shall be punisbable by a fine in a sum not less than ten dol- lars, ($10.00) or not exceeding one bun- dred dollars ($100.00) or by imprisonment not to exceed tbirty (30) days. Tbe penalty herein provided sball be cumulative with and in addi- tion to the revocation, cancellation, or forfeiture of any license or permit else- wbere in tbis Code of Ordinances pro- vided for violation thereof. (b) Rents uucollectible. If any build- ing hereafter constructed as, or altered into, a dwelling be occupied in wbole or in part for human habitation in vio- lation of tbis code during such unlaw- ful occupation no rent shall be recoverable by tbe owner or lessee of such premises for said period, and no action or spedal proceeding sball be maintained therefore or for possession of said premises for nonpayment of said rent, and said premises sball be deemed uufit for human babitation and tbe Building Official may cause them to be vacated accordingly. (Sec- tion 413.106 C.L) (c) Civil liability. Tbe owner of any dwelling, or of any building or struc- ture upon tbe same lot with a dwelling, or of tbe said lot or any unoccupied lot, where any violation of this chap- ter, or a nuisance as herein defined, exists who has been guilty of sucb vio- latiou or of creating or knowingly per- mitting tbe existence of such nuisance, and any person who shall violate or assist in violating any provision of this chapter, shall also jointly and severally for eacb sucb violation and eacb sucb nuisance be subject to a dvil penalty of fif,y dollars to be recovered for the use of the Building Department in civil action brougbt in the name of the munidpality by tbe Building Official. Sncb persons and also said premises shall also be liable in such case for all costs, expenses, and disbursements paid or incurred by the Bnilding Depart- ment, by any of the officers, agents, or employees thereof in the removal of any sucb nuisance or violation. (Sec- tion 413.108 C.L) (d) Additional liability. Any person who baving been served with a notice or order to remove any such nuisance or violation shall fail to proceed in good faith to comply with said notice or order within five days after such service, or shall continue to violate any provisions or requirements of tbis cbapter in tbe respect named in said Regular Session, AprH 2, 1979 101 Regular Session, AprH 2, 1979 notice or order, sball also be subject to a civil penalty of fifty dollars. (Sec. 413.109 C.I.) (e) Recovery. For the recovery of any such penalties, costs, expenses, or dis- bursements, an action may be brougbt in any court of competent civil juris- diction. (Sec. 413.110 C.I.) (I) Lieu on property. The existence of a nuisauce in or upon such dwelling, structure on the same lot witb a dwell- ing, or on such lot, or ou au unoccu- pied lot, which the owner tbereof has created or permitted to exist and any violation of this chapter as to such dwelling, structure, and lot of which the owner has been guilty sball in such proceeding subject sucb dwelling, structure, and lot respectively to a ~~:~t~h~~:'~Yu~~N~:;d7~~~ :~;l~~~ I lation of any order made or a notice given by the Building Official, permit- ted or committed by tbe owner of a dwelling, structure on the same lot witb a dwelling, or such lot, shall in such proceeding subject tbe dwelling, structure, and lot respectively to a penalty of fifty dollars, wbich penalty shall be a llen thereon until paid. (Sec- tion 413.111 C.l.) (g) Praetice and procedure gen. eraIl:,. Except as herein otherwise spe- cified the procedure for tbe prevention of violatious of tbis chapter or for tbe vacation of premises unlawfully occu- pied, or for other abatement of nui- sances or for the bringing of action therefore, shall be in accordance with the existing practice aud procedure. (Section 413.112 C.l.) (h) Action to enjoin. In any case any dwelling, building, or structure is con- structed, aitered, converted, or main- tained in violation of any provision of this chapter, or of any order or notice of tbe Building Official or in case a nuisance exists in any such dwelling, buildiug, or structure or upon tbe lot on which it is situated or on au unoc- cupied lot, said Building Officiai' may institute any appropriate action or proceeding to prevent sucb unlawful construction, aiteration, conversion, or maintenauce, to restrain, correct, or abate such violation or nuisance, to prevent the occupation of said dwell- iug, building, or structure, or to pre- vent any illegal act, conduct, or business in or about such dwelling or lot. (Section 413.113 C.I.) (i) Iujuuction. Iu any such action or proceeding such Building Official may by petition duly verified, setting forth the facts, apply to the district court for an order granting tbe relief for wbicb said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure, or lot, or from occupying or using the same for any purpose until the entry of final judg- ment or order. (Section 413.114 C.I.) OJ Authority to execute. In case any notice or order issued by said Building Official is not complied with, said Building Official may apply to the dis- trict court for an order authorizing him to execute and carry out tbe provi- sions of said notice or order, to correct any violation specified in said notice or order, or to abate any nuisance in or about such dwelling, building, or struc- ture or the lot upoo which it is situ- ated. (Section 413.115 C.l.) (k) Orders authorized. The court is bereby authorized to make any order specified in Sections 20-2.04(i) and (j). (Section 413.116 C.l.) (I) Evictiou. If tbe occupant of a dwelling shall fail to comply witb the provisions of tbis cbapter after due and proper notice from the Buildiug Offi- cia~ sucb failure to comply shall be deemed sufficient cause for the evic- tion of such tenant by the owner and the cancellation of bis lease. (Section 413.117 C.l.) ARTICLE III PERMITS, LICENSES, INSPECTIONS AND FEES Section 20.3.01 Permits: (a) Building, Electrical, Mecbanical, Plumbing and Zoning: No person sball perform any act for which a building, electrical, beatiug, ventilating, air-con- ditioning, refrigeration, plumbing or zoning permit is required by Cbapter 10 "Buildings", Chapter 24 "Electri- cal", Cbapter 19 "Heating, Ventilating, Air-Conditioning, aud Refrigeration", Chapter 30 "Plumbing", or Appendix A "Zoning", of tbe Code of Ordinances of the City of Dubuque; unless such per- son shall first make application, pay the fee, and bold a current, unrevoked, permit issued by Tbe Building Official to perform tbe act for wbicb a permit is required. Section 20.3.02 Multiple Dwelliug Operating License Required. (a) No person sball operate a multiple dwelling, as defined by tbis code, in any jurisdiction of the City of Dubuque unless tbey hold a current, unrevoked multiple dwelling operating license issued by the Dubuqùe Buildiug Official in bis name for tbe specific named multiple dwelling. (b) Terms of Operating Licenses: Every operating license sball be issued and remain effective for a period of one (I) year from the date of its issuance, and upon application may be Building Official. renewed and remain effective for suc- (3) The applicant in the application cessive periods of one (I) year from agrees to sucb inspections as are the date of its renewal, unless sooner necessary pursuant to the issuance revoked at any time by tbe Building of a dwelling operating license. Official for noncompliance witb any (4) All fees required by this code pur- applicable provisions of this code. suant to tbe issuance of a dwelling Dwelling operating licenses shall not be operating license are paid in full to transferable from one person to tbe Building Official. another person or from one dwelling to (5) Tbe applicant in tbe application anotber dweillng. Every person holding shall designate a resident of the city an operating license sball give notice as the agent to represent the appli- in writing to the Building Official cant whenever tbe applicant is not within twenty-four (24) hours after available for maintenance of tbe having transferred or otherwise dis- dwelling for whicb a dwelling posed of the legal control of any license is sought. Said agent sball liceosed dwelling. Such notice sball have full authority and responsibil- include tbe name and address of the ity tbe same as the applicant for person or persons succeeding to tbe maintaining the dwelling in compli- ownersbip or control of such licensed ance witb the provisions of tbis dwelling. Tbe Building Official is code. hereby authorized and directed to (6) Application for renewal of a dwell- revoke any dwelling operating license ing operating license sball be made at any time for any non-compliance witbin sixty (60) days prior to the with any provisions of tbis code or any expiration of the existing operating non-compliance with any provisiou license. imposed upon the Building Official to (7) Tbe operator of a dwelling iu mak- enforce by any City, State. or Federal ing application for a dwelling laws. operating license agrees to keep or (c) Building Officials Responsibili. cause to be kept an accurate record ties for Issuance of Operating of all required alterations, and Licenses: Tbe Building Official is equipment changes related to the bereby autborized and directed to provisions of tbis code or any rules develop dwelling operating license and regulations pertaining tbereto, application forms and to make sucb and of all corrections made as the forms available to tbe public upon results of orders by the Buildiug request; to develop dwelling operating Official. license forms: and upon receipt of a Seotion 20.3.03 Inspections: proper application therefore to issue (a) Inspection in Geueral: All build- dwelling operating licenses, and tbe ings or structures witbin the scope of renewal tbereof, for specific dwellings, tbis code and all construction or work in the names of the applicant owners, for wbicb a permit is required shall be operators, or managers; except tbat no subject to inspection by tbe Building dwelling operating license sball be Official in accordance with and in tbe issued or renewed unless and until all manner provided by Sections 304 and applicable provisions of tbis code and 305 01' the Building Code and this all otber applicable provisions imposed code. upon the Building Official to enforce (b) Inspections All Dwellings and by City, State, or Federal laws are Dwelling Units are Subject To: Any complied witb. Operating license may and all dwelling(s) and any and all be issued pending an inspection and dwelling unit(s), licensed and unli- compliance with this Code. censed, shall be subject to housing (d) Qualificutious for a Dwelling code enforcement inspection as fol- Operatiug License: No dwelling lows: operating license shall be issued or ren- (1) Whenever newly constructed. ewed unless and until: (2) Whenever additions or alterations (1) The dwelling for which a dwelling are made. operating license is sougbt is found (3) Wbenever requested and approved by the Building Official after by the owner or occupant (rent and inspection to comply with all appli- rebab financial assistance, volun- cable provisions of this code. tary code compliance, presale, etc.) (2) The operator legally authorized (4) Whenever the Building Official has and responsible for maintenance of tbe reason to believe there is a vio- dwelling for which a dwelling lation of tbis code. (Upon com- operating license is sought shall plaint, personal observation, first make application tberefore on probable cause, etc.) an application form provided by tbe (5) Whenever upon inspection a viola - 102 103 ten notice of violation and a reinspec- tion are required to eosure compliance with the code, there shall for each inspection suhsequent to an initial inspection he a reinspection fee of ten dollars 1$10.00) for the multiple dwell- ing reinspected plus two dollars 1$2.00) for eacb communal or private dwelling room reinspected in tbe multiple dwell- ing. For the purpose of this section a "dwelling room" shall be defined as any room used for living, eating, sleep- ing, cooking, laundry, bathing, toilet, recreation, and etc., it shall not ioclude common stairways, hallways, lobbies, boiler rooms, building offices or clothes closets, etc. A dwelling unit in a multi- ple dwelling occupied by an owner- inhabitant shall be exempt from any inspection fee or reinspection fee. This does not exempt inspection of the dwelling unit occupied by tbe owner- inhabitant or the inspections and inspection fees of other dwelling units in the multiple dwelling as required by this code. When a bospital, nursing home, or similar dwelling is periodically inspected by duly authorized United States, State of Iowa, or Dubuque County governments officiala enforcing standards equal to or greater tban the Dubuque Residential Housing Code; sucb inspections and enforcement shall be Prima Facia compliance with the Dubuque Residential Housing Code and the Code of Iowa Housing Law, and such dwelling shall be subject to Dubuque Residential Housing Code requirements for multiple dwelling operating licenses and multiple dwell- ing operating license fees but shall be exempt from multiple dwelling operat- ing license inspection aud multiple dwelling operating license inspection fee requirements, provided such United States, State of Iowa, or Dubuque County inspection and enforcement are proven by tbe owner to the Dubuque Health Officer's satisfaction. (d) Presale aud/or Mortgage etc., Iuspectiou. Whenever anyone requests any presale or auy pre-loan etc., housiog inspection, the person making the request shall pay an inspection fee of fifty dollars 1$50.00) for the first dwelling unit plus five dol- lars 1$5.00) for eacb additional dwelling unit in the dwelling. (e) One and Two Dwelling Unit Dwelling Fees: All one and .two dwelling unit dwellings shall be exempt from any fee required by this code except as provided by Section 20-3.01 "Permits" and Section 20-3.04(d) "Pre- sale, etc." - - -- Regular Session, AprD 2, 1979 104 Regular Session, AprD 2, 1979 tion of tbis code is fonnd and notice la giveu, the dwelling or dwelling unit sball be re-inspected to deter- mine if corrections have been made. (e) Inspectious Unlicensed Dwell- ing aud Uuliceused Dwelling Uults are Subject To: In addition to tbe inspections tbat all dwellings and all dwelling units are subjected to by Section 20-3.03(b) of this code; all unlicensed dwellings and all unlicensed dwelling units sball be further subject to bousing inspections and housing code enforcement when the dwelling or dwelling unit la located in auy area designated by City Couucil for active block euforcement of tbe bousing code. (d) Inspections All Licensed Dwell- iugs are Subject To: In addition to tbe inspections that all dwelliogs and all dwelling units are subject to by Section 20-3.03Ib) all licensed dwellings and dwelling units sball be subject to housing code enforcement inspection approximately once every three years when dwelling operating licenses are issued or renewed as prescribed by Sec- tion 20-3.02. Section 20-3.04 Fees: (a) General: Wbenever a fee is required by this code, the buildiug code or any of tbe technical codes, such appropriate fees shall be paid in full to tbe Building Official by the owner or person responsible. (b) Multiple Dwelling Operating License Fees. The anuual fee for issu- ing a multiple dwelling operating license as required by Section 20-3.02 of tbis code shall be seven dollars ($7.00) for each dwelling regardless of the number of dwelliug units in the dwelling. (c) Multiple Dwelling Inspeetlon Fees: Every multiple dwelling shall be inspected approximately once every tbree years 13 years) as provided by Section 20-3.03 of this code. The fee for eacb initial multiple dwelling inspec- tion once approximately every tbree years shall be ten dollars ($10.00) for the dwelliog plus one dollar ($1.00) for eacb communal or private dwelling room in the multiple dwelling. The owner of a multiple dwelling shall uot be charged for tbe initial inspection of any multiple dwelling or multiple dwelling unit in tbe investigation of a complaint or Building Official's inves- tigation of a probable violation of this code. However, when upon the initial inspection of any multiple dwelling or any multiple dwelling writ for any pur- pose, there is found to be any yjolation of this code to tbe extent that a writ- ARTICLE IV DEFINITIONS Section 20-4.01 Definitions. For tbe purpose of this Code, certain abbreviations, terms, pbrases, words, and their derivatives sball be construed as specified in this Code. Words used in the singular include the plural and the plural and the singular. Words used in tbe masculine gender include the feminine, and the feminine the masculine. The word "shall" is always manda- tory and not merely directory. Where terms are not specifically defined herein they sball have tbe meaning as defined by tbe building or tecbnical codes, or shall bave their ordinarily accepted meaning, or such as tbe con- text may imply. ABBREVIATIONS Cl Code oflowa DHC Dubuque Housing Code NEC National Electric Code UBC Uniform Building Code UFC Uniform Fire Code UMC Uniform Mechanical Code UPC Uniform Plumbing Code ACCESSORY BUILDING OR STRUCTURE sball mean a detacbed building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises. ADDITION is an extension or increase in floor area or height of a building or structure. ADMINISTRATIVE AUTHORITY is tbe Building Official of tbe City of Dubuque, Iowa. ALLEY is a public space or thorougb- fare less than 16 feet but not less than 10 feet in width wbicb bas been dedi- cated or deeded to tbe public for public use. ALTER or ALTERATION is any change or modification in construction or building seryjce equipment. ~n~~~1~~~~ns~b~~ C~:~~e: dwelling I APARTMENT HOUSE is any build- ing, or portion thereof, wbicb is designed, built, rented, leased, let, or hired out to be occupied, or wbicb is occupied as tbe borne or residence of three or more families living indepen- dently of each otber and doing their own cooking in tbe said building, and shall include flats and apartments. APPROPRIATE AUTHORITY shall mean tbat person within the govern- mental structore of the corporate unit who is cbarged witb tbe administra- tion of the appropriate code. APPROVED sball mean approved by tbe local or state authority having sucb administrative authority. Approved as to materiala, types of construction, equipment and systems refers to approval by tbe building offi- cial as tbe result of investigation and tests conducted by bim, or by reason of accepted principles or tests by recog- nized autborities, tecbnical or scientific organizations. APPROVED AGENCY is an estab- lished and recognized agency regularly engaged in conducting tests or furnish- ing inspection services, when such agency bas been approved by the building official. ASHES sball mean tbe residue from the burning of combustible materiala. ATTIC sball mean auy story situated wholly or partly witbin the roof, and so designed,arranged or built as to be used for business, storage, or babita- tion. In tbe case of private dwellings and two-family dwellings an "attic" or space in a sloping roof, if not occupied for living purposes, sball not be counted as a story. In the case of mul- tiple dwellings an attic room sball be counted as a story if used for liyjng purposes. BASEMENT sball mean a story partly underground having at least one-fourth of its beight above tbe adjoining ground level and hayjng a depth from finish floor level to bottom of floor joists of not less than six feet eight inches, but to be considered as babitable space the finish floor level of tbe babitable rooms shall not be lower tban forty-eight incbes, average deptb, below adjoining grade and the ceiling heigbt sball be not less tban seven feet from finisb floor to finisb ceiling. A basement witb less than fifty percent of its floor area as babitable area sball not be counted as a story. BOARDING HOUSE is a lodging house in wbicb meala are provided. BUILDING is any structure used or intended for supporting or sheltering any use or occupancy. BUILDING CODE sball mean tbe Uniform Building Code published by tbe International Conference of Build- ing Official.<; as adopted and amended by Cbapter 10 of the Code of Ordi- nances of tbe City of Dubuque. BUILDING COMMISSIONER is the building official of tbe City of Dubuque. BUILDING, EXISTING is a building erected prior to the adoption of this Ordinance Chapter 20. BUILDING OFFICIAL i. tbe Build- ing Commissioner of the City of Dubuqoe, Iowa, wbo sball be duly deputized as health officer for tbe pnr- pose. of administering and enforcing - -- Regular Session, AprD 2, 1979 106 Regular Session, AprH 2, 1979 105 EXIT is a continuous and unob- structed means of egress to a public way and sball include intervening doorways, corridors, ramp", stairways, smokeproof enclosures, borizontal exits, exterior courts and yard. (See egress) EXTERMINATION sball mean the control and elimination of insects, rodents, or other pests by eliminating tbeir barborage places; by removing or making inaccessible materiala that may serve as their food; by poisoniug, spraying, fumigating, trapping, or by aoy otber recognized and legal pest elimination metbods approved by the local or state authority baving such administrative autbority. FAIR MARKET VALUE shall mean price at which botb buyers and sellers are willing to do business. FAMILY sball mean one or more indi viduala living together and sharing common living, sleeping, cooking and eating facilities. (See also Housebold) FIRE CODE is that Fire Code adopted by Chapter 14 of the Code of Ordinances of the City of Dubuque. FLOOR AREA shall mean the net floor area witbin the enclosing walls of tbe room excluding built-in equipment sucb as wardrobes, cabinets, kitchen units of fixtures. FLUSH WATER CLOSET shall mean a toilet bowl wbich is flushed witb water which bas been supplied under pressure and equipped witb a water sealed trap above tbe floor level. FRONT, REAR AND DEPTH OF LOT. Tbe front of a lot is that bouud- ary line which borders on the street. In case of a corner lot the owner may elect by statemeut on bis plans either street boundary line as the front. Tbe rear of a lot is the side opposite to the front. The depth of a lot is tbe dimen- sion measured from the front of the lot to the extreme rear line of the lot. In case of irregular shaped lots the mean depth shall ba taken. GARBAGE shall mean tbe animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food. GRADE shall mean tbe finisbed ground level adjacent to a required window. GUEST sball mean an individual who shares a dwelliug unit in a non-perma- nent status for not more tbau tbirty (30) days. GUEST ROOM is any room or rooms used, or intended to be used, by a guest for sleeping purposes. HABITABLE ROOM sball mean a room or enclosed floor space used or tories, convents, etc. (I) MIXED OCCUPANCY means a space occupied by more than one occu- pancy classification, such as residen- tial, office, commercial, institutional, light industrial, or heavy industrial. Classes of multiple dwellings: All multiple dwellings are for the purposes of tbis chapter divided into classes, viz: Class A and Class B. Class A. Multiple dwelling of class A are dwellings which are occupied more or less permanently for residence pur- poses by several families and in wbicb the rooms are occupied in apartments, suites, or groups. This class includes tenement houses, flats, apartment houses, apartment hotels, hachelor apartments, and all otber dwelIings similarly occupied whether specifically enumerated or not. Class B. Multiple dwellings of class B are dwellings wbich are occupied, as a rule transiently, as the more or less temporary abiding place of iudividuals who are lodged or roomed, with or witbout meals, and iu wbicb aa a rule tbe rooms are occupied singly. This class includes motels, hotels, lodging houses, hoarding houses, furnished room houses, club houses, asylums, boarding scbools, convents, Health Care facility, bospitals, nursiug homes, jails, and all otber dwellings similarly occupied wbetber specifically enu- merated berein or not. DORMITORY shall mean a building or a group of rooms in a buildiug used for institutional living and sleeping purposes by four (4) or more persons. DWELLING UNIT sball mean any room or group of rooms forming a sin- gle private quarters for human living and/or sleeping purposes, transiently or permanently by one or more persons individually or as a family iu any building providing private or commu- ual sanitation facilities, and mayor may not provide private or communal cooking, eating, and/or laundry facili- ties; and sball mean to include all rooms or group of rooms classified as a dwelling or multiple dwelliug of class A or B. EFFICIENCY LIVING UNIT. Effi- ciency living unit is any room having cooking facilities used for combined living, dining and sleeping purposes and meeting tbe requirements of Sec- tion 20-5.03. Exception. EGRESS shall mean an arrangement of exit facilities to assure a safe means of exit from buildings. (See exit) ELECTRICAL CODE is that Electri- cal Code adopted and amended by Chapter 13 of the Code of Ordinances oftbe City of Dubuque. ing measured at tbe center of such front. Where no curb bas been estab- lished the city engiueer sball establish such curb level or its equivalent for the purposes of this chapter. DANGEROUS BUILDING CODE is the Uniform Code for tbe Abatement of Dangerous Buildings, promulgated by the Interoational Conference of Building Officiala. DILAPIDATED shall meau no longer adequate for the purpose or use for which it was originally intended. DWELLING sball mean any house or building or portion tbereof which is occupied in whole or in part as tbe home or residence of one or more human beings living together as indi- viduals or as a family eitber perman- ently or trausiently, and sball include all classes of dwellings; tbe building mayor may not be of mixed occu- pancy. DWELLING CLASSIFICATION For the purpose of tbis cbapter dwellings are divided into the following classes: (a) PRIVATE DWELLING: A pri- vate dwelling is a building with but one (1) dwelling unit occupied, or iutended to be occupied, by one or more persons living together as individ- uals or as a family; and is not a build- ingwith mixed occupancy. (b) DUPLEX: A duplex is any build- ing baving two (2) dwelling units, each dwelling unit occupied, or intended to be occupied, by oue or more persons living togetber as individuals or as a family; and is not a building with mixed occupancy. (c) ONE DWELLING UNIT DWELLING or ONE UNIT DWELLING is any building with but one dwelling unit occupied, or intended to be occupied, by one or more persons living together as individuals or as a family; tbe building mayor may uot be of mixed occupancy. (d) TWO DWELLING UNIT DWELLING, or TWO UNIT DWELLING is any buildiug witb but two (2) dwelling units occupied by one or more persons living together as indi- viduals or as a family; the building mayor may not be of mixed occu- pancy. (e) MULTIPLE DWELLING UNIT DWELLING, or MULTIPLE DWELLING is auy building with three (3) or more dwelling units, each dwelling unit occupied or intended to be occupied by one or more persons living together as individuals or as a family; the building mayor may not be of mixed occupancy, and shall include multiple dwellings of class A and class B, rooming houses, dormi- the provisions of this Cbapter 20 of the Code of Ordinances of the City of Dubuque, Iowa. BUILDING SERVICE EQUIP- MENT refers to tbe plumbing, mechanical, electrical and elevator equipment including piping, wiring, fix- tures and other accessories wbich pro- vide sanitation, lighting, heating, ventilatiou, cooling, refrigeration, fire- figbting and transportation facilities essential for the babitable occupancy of the building or structure for its designated use and occupancy. BULK CONTAINER sball meao auy metal garbage, rubbisb, and/or refuse container baving a capacity of two (2) cubic yards or greater and whicb is equipped with fittings for hydraulic and/or mecbanical emptyiug, unload- ing and/or removal. CEILING HEIGHT shall be the clear vertical distance from the finished floor to tbe finished ceiling. CELLAR shall mean a story baving less than one-fourtb its height above adjoining grouud level and having a deptb from finish floor level to bottom of the floor joists of not less than six feet four inches. A cellar sball not be counted as a story for purpose of height measurement. CENTRAL HEATING SYSTEM shall mean a single system supplying beat to one (1) or more dwelling unit(s) or more than (1) rooming uuit. CHIMNEY sball mean a vertical masonry sbaft of reinforced concrete, or otber approved uoncombustible, heat-resisting material enclosiug one (1) or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel. CHIEF Building, Electric ai, Mechauical, Plumbing, or Housiug Inspector and Plan Examiner shall be the persons designated to supervise their respective Division of tbe Build- ing Department under the direction of and assisting the Building Official iu administering and enforcing Building Department regulatious. COURTS is au open uuoccupied space, other tban a yard, on the same iot with a dwelliug. A court uot extending to tbe street or front or rear yard is an inner court. A court extending to tbe street or front yard or rear yard i. an outer court. CORNER AND INTERIOR LOTS i. a lot of which at least two adjacent sides abut upon a street. A lot otber than a corner lot is an "interior lot". The word "lot" is any deeded parcel of land whether a full platted lot or not. CURB LEVEL is the level of the established curb in frout of the build- Regular Session, AprD 2, 1979 107 Regular Session, AprH 2, 1979 108 exceeding twenty-four consecutive bours accommodation, board, and nursing services, the need for which is certified by a physician, to tbree or more individuals, not related to the administrator or owner thereof within the tbird degree of consanguinity, who by reason of illoess, disease, or physical or mental informity require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse. JURISDICTION aa used in this code, is any political subdivision which adopts this code for administrative reg- ulations witbin its sphere of authority. KITCHEN shall mean any room used for tbe storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwaabing, stove or otber device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equip- ment and utensils, and counter or table for food preparation. KITCHENETIE .shall mean a small kitcbeu or an alcove containing cook- ing facilities. LEAD-BASED PAINT shall mean any paint containing more lead tban the level establisbed by the U.S. Con- sumer Product Safety Commission as beiog the "safe" level of lead in resi- dential paint and paint products. LISTED AND LISTING are terms referring to equipment and materials wbicb are sbown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current products and wbose listing states tbat tbe equipment complies with recognized safety stan- dards. LODGING HOUSE is any building or portion tbereof, containing not more than five guests where rent is paid in money, goods, labor, or otherwise. (see Dwelling Classification). MECHANICAL CODE shall mean the Heating, Ventilating and Air-Con- ditioning Code adopted and amended by Chapter 19 of the Code of Ordi- oances of tbe City of Dubuque. MIXED OCCUPANCY In cases of mixed occupancy where a building is occupied only in part aa a dwelling, the part so occupied shall be deemed a dwellin& for tbe purposes of this chap ter. MOTEL shall mean hotel aa defined in this Code. MULTIPLE DWELLING shall mean any dwelling containing three (3) or more dwelling units. (See Dwelling Classification) intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kit- chenettes and utility rooms of less than fifty (50) square feet of floor space, foyers, or communicating corri- dors, stairways, closets, storage spaces and workshops, bobby and recreation areas. HEALTH CARE FACILITY shall mean any residential care facility, intermediate care facility or skilled nursing facility. HEALTH OFFICER is the Building Commissioner and Building Official wbo shall be duly deputized as health officer for the purposes of administer- ing and enforcing the provisions of Chapter 20, of the Code of Ordinances of the City of Dubuque, Iowa. HEATING DEVICE shall mean all furnaces, uuit heaters, domestic iocin- erators, cooking and beating stoves and ranges, and other similar devices. HEIGHT. Tbe perpendicular distance measured in a straigbt line from the curb level to tbe highest point of tbe roof beams in tlie case of flat roofs, and to tbe average of tbe height of the gable in tbe case of pitched roofs, the measurements in all cases to be taken through tbe center of the front of the house. Where a dwelling is situated on a terrace above the curb level such height shall be measured from the level of tbe adjoining ground. Where a dwelling is 00 a corner lot and there is more than one grade or level the mea- surements shall be taken from the mean elevation. HOT WATER. Hot water sball be water at a temperature of not less than 120 degrees fahrenheit or 49 degrees celsius. HOTEL is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or bired out to be occupied, or which are occupied for sleeping pur- poses by gneste. (see pwelliug Classi- fication). HOUSEHOLD shall mean one or more individuals living together in a single dwelling unit and sbaring com- mon living, sleeping, cooking and eat- ing facilities. (See aiso Family) HOUSING CODE shall be Chapter 20 of tbe Code of Ordinances of the City of Dubuque. INFESTATION sball mean the pres- ence witbin or around a dwelling of any insects, rodents, or other pests. INTERMEDIATE CARE FACILITY means any institution, place, bnilding or agency providing for a period NUISANCE. The following shall be defined as nuisances: 1. Any public nuisance known at com- mon law or in equity jurispru- dence. 2. Any attractive nuisance which may prove de trim eo tal to children whether in a building, on tbe prem- ises of a building, or upon an uooc- cupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refriger- ators and motor vehicles; or any strncturally unsound fences or structures; or any lnmber, trasb, fences, debris, or vegetation wbicb may prove a hazard for inquisitive minors. 3. Whatever is dangerous to hnman life or is detrimental to health, as determined by the healtb officer. 4. Overcrowding a room with occu- pants. 5. Insufficient ventilation or illumina- tion. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by tbe healtb officer. 8. Wbatever renders air, food, or drink unwholesome or detrimental to the bealth of human beings, as deter- I mined by the healtb officer. The word "nuisance" shall be beld to embrace nuisance aa known at com- mon law or in equity jurisprudence; and wbatever is dangeroue to human life or detrimental to health, wbatever dwelling is overcrowded with occupants or is not provided with adequate ingress or egress to or from tbe same, or is not sufficiently supported, venti- lated, sewered, drained, cleaned, or lighted, in reference to its intended or actual use, and wbatever renders tbe air or buman food or drink unwhole- some, are also severally, in contempla- tion of this chapter, nuisances, and all sucb nuisances are bereby declared illegal. NURSING HOME (See Health Care Facility) OCCUPANCY is tbe purpose for wbicb a building, or part thereof, is used or intended to be used. OCCUPANT shall mean any individ- ual living, sleeping, cooking, or eating in or baving possession of a dwelling nnit or a rooming unit; except that in dwelling units a gnest shall not be con- sidered an occupaut. OCCUPIED shall be construed to mean used or intended to be occupied or used. OCCUPIED SPACES sball mean outside stairways, fITetowers, porcbes, platforms, balconies, boiler flues, and other projections shall be col15idered as part of the building and not as a part of the yards or courts or unoccupied spaces. This provision shall not apply to unenclosed outside porches not exceeding two stories in beigbt which do not extend into the front or rear , yard a greater distance than ten feet from the front or rear walls of the building, nor to any such porch wbich does not extend into the side yard a greater distance than twelve feet from tbe side wall of tbe building nor exceed twelve feet in its other horizontal dimension, nor to an enclosed rear porcb or attacbed garage with or witb- out sleeping porch above and not exceeding twelve by twenty feet, nor to cornices or eaves not exceeding eigh- teen inches in widtb. OPENABLE AREA sball mean tbat part of a window or door wbich is available for unobstructed ventilation and which opens directly to the out- doors. OPERATE sball mean to manipulate or to bave cbarge, care, control, man- agement, or ownersbip in any building or part tbereof in which there is one or more dwelling units to let. OPERATOR shall mean any person who baa charge, care, control, or man- agement of a building, or part thereof, in wbich dwelling units or rooming units are let. ORDINARY SUMMER CONDI- TIONS sball mean a temperature 10 degrees fahrenheit below tbe lrigbest recorded temperature in the locality for the prior ten 00) year period. ORDINARY WINTER CONDI- TIONS sball mean a temperature 15 degrees fahrenheit above the lowest recorded temperature in the locality for prior ten (10) year period. OWNER sball mean any person who, alone or jointly or severally witb others: (a) sball bave legal title or equitable interest in any premise, dwelling or dwelling unit, witb or without accompanying actual possession thereof, or (b) sball have charge, care or control of any premises, dwelling or dwell- ing unit, aa owner or agent of the owner, or an executor, administra- tor, trustee, or guardian of the estate of the owner. Any such per- son tbus repreaenting the actual owner shall be bound to comply witb tbe provisiona of tbis ordi- nance and of rnles and regnlations adopted pursuant thereto, the same extent as if he were the owner. PERMISSIBLE OCCUPANCY sball mean the maximum number of individ- 109 Regular Session, AprH 2, 1979 uals permitted to reside in a dwelling unit, rooming unit or dormitory. PERMIT is an official document or certificate issued by the building offi- cial autborizing performance of a spe- cified activity. PERSON is a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or tbe agent of any of the aforesaid. PLAN EXAMINER checks proposed building plans for compliance with applicable Codes and Standards. PLUMBING shall mean and include all of tbe following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage dis- posal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clotbes wasbing machines, catch ~i:~~~O ::~~, ~~~;~~: ;~bli~~~.connec- I PLUMBING CODE is that plumbing code adopted by Chapter 30 of tbe Code of Ordinances of tbe City of Dubuque. PREMISES shall mean a platted lot or part tþereof or unplatted lot or par- cel of land or plot of land, either occu- pied or unoccupied by a dwelling or nondwelling structure, and includes any sucb building, accessory structure or other structure tbereon. PRIVACY sball mean the existence of conditious wlrich will permit an iudi- vidual or iudividuaIB to carry out an activity commenced without interrup- tion or interfereuce, either by sight or sound by unwanted individuaIB. PUBLIC HALL shall mean a hall, corridor, or passageway not within the exclusive control of one family. PROPERLY CONNECTED shall mean connected iu accordance with all applicable codes and ordinances of the City of Dubuque. RAT HARBORAGE shall mean any conditions or place wbere rats can live, nest, or seek shelter. RATPROOFING sball mean a form .of construction wbicb will prevent the ingrese or egress of rats to or from a given space or building, or from gain- ing access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and inte- rior walIB, ground or first floors, roofs, sidewalk gratiugs,sidewalk openings, aud other piaces that, may be reacbed and eutered by rats by climbing, bur- rowiug or otber methode, by tbe use of materiaIB impervious to rat gnawing and other methods approved by tbe Healtb Officer. REFUSE shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animaIB. REFUSE CONTAINER sball mean a watertight container tbat is con- structed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such otber containers as bave been approved by the appropriate authority. Openings into tbe container such as covers and doors shall be tigbt fitting. REPAIR is the reconstruction or renewal of any part of au existiug building, structure or building service equipment for tbe purpose of its main- tenance. RESIDENTIAL CARE FACILITY means any institution, place, building, or agency providing for a period exceeding twenty-four consecutive boors accommodatiou, board, personal assistance aud other essential daily liv- ing activities to three or more iudividu- aIB, uot related to the administrator or owuer tbereof within tbe third degree of consanguinity, wbo by reason of ill- ness, disease, or pbysical or mental informity are unable to sufficiently or properly care for tbemselves but who do not require the services of a regis- tered or licensed practical nurse except on an emergeucy basis. ROOM HEATER shall mean a self- contained heating appliance of eitber the convection type or the radiant type and intended primarily to beat only a limited space or area sucb as one room or two adjoining rooms. ROOMING HOUSE sball mean auy dwelling, containing oue (1) or more rooming units and/or one (1) or more dormitory rooms aud in wbich persons eitber individually or as families are boused with or without meaIB being provided. ROOMING UNIT shall meau any room or group of rooms forming a sin- gle habitable unit used or intended to be used for living and sleeping, but not for cookiug purposes. RUBBISH shall mean nonputrescible solid wastes (excluding asbes) consist- ing of either: (a) combustible wastes such as paper, cardboard, plastic con- tainers, yard clippings, and wood; or (b) noncombustible wastes such as tin cans, glass and crockery. SAFETY shall mean the conditions of being reasonably free from danger and hazards wlricb may cause accidents or disease. SINGLE FAMILY DWELLING sball mean any dwelling containing one Regular Session, AprD 2,1979 110 dwelling unit. (See dwelling classifica- tion) SKILLED NURSING FACILITY means any institutions, place, building, or agency providing for a period exceeding twenty-four consecutive hours accommodation board, and nurs- ing services, the need for wbich is certi- fied by a physician, to three or more individuaIB not related to the adminis- trator or owner tbereof within the third degree of consanguinity who by reason of illness, disease, or physical or mental informity require continuous nursing care services and related medi- cal services, but do not require hospital care. The nursing care services pro- vided must be under tbe direction of a registered nurse on a twenty-four hours-per-day basis. STAIR HALL sball meao public hall and includes tbe stairs, stair landings, and tbose portions of the building tbrough whicb it is necessary to pass in going between the entrance floor and tbe roof. STORY see (Attic, basement and cel- lar) STRUCTURE is tbat wlrich is built or constructed, an edifice or building of any kind, or any piece of work artifi- cially built up or composed of parts joiued togetber in some definite man- ner. SUBSTANDARD BUILDING shall mean any building, or portion thereof, in wbicb there exists any of the condi- tions and to tbe exteut listed in Article X of this Code. SUPPLIED shall mean paid for, fur- nished by, provided by, or under the control of tbe owner, operator, or agent. TECHNICAL CODES refer to those codes adopted by tbis jurisdiction con- taining tbe provisions for design, con- struction, alteration, addition, repair, removal, demolition, use, location. occupancy and maintenance of all building and structures and building service equipment as herein defined, and shall apply to existing or proposed buildings aud structures. TEMPORARY HOUSING shall meau any tent, trailer, mobile borne or any other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system 00 the same premises for more than tbirty (30) consecutive days. TOXIC SUBSTANCE shall mean any chemical product applied on tbe sur- face of or incorporated into any struc- tural or decorative material which constitutes a potential bazard to bum an healtb at acute or chronic exposure levelB. TWO FAMILY DWELLINGS (see Dwelling Classificatin) UNFIT DWELLING Any dwelling, dwelling unit, rooming house, or room- ing unit, in wbole or in part, which shall be found to bave any of tbe fol- lowing defects shall be deemed to be uufit for human habitation: (a) One wlrich is so damaged, decayed, dilapidated, unsanitary, uosafe, or vermin infested that it creates a serious hazard to health or safety of the occupants or to tbe public. (b) One which lacks ligbt, ventilation or sanitation facilities adequate to protect the health or safety of tbe occupants or of the public as pre- scribed by the provisions of this ordinance. (0) One wlricb because of its general condition or location is unsanitary, or otherwise dangerous to tbe bealth or safety of the occupants or to the general public. VALUATION OR VALUE as applied to a building, and its building service equipment, sball be the estimated cost to replace tbe building aud its building service equipment in kind, based on current replacement costs. VARIANCE shall mean a difference between that which is required or spe- cified aud that which is permitted. WOODEN BUILDING is a building of wbicb the exterior wallB or a portion tbereof are of wood. Court walls are exterior walls. YARDS A "rear yard" is an open unoccupied space on the same lot with a dwelling between the extreme rear lioe of tbe lot and tbe extreme rear line of the bouse. A yard between the front liue of the house and the front line of the lot is a "front yard". A yard between the side line of the bouse aud the side line of the lot wlrich extends from tbe frout line or front yard to the rear yard is a "side yard". ARTICLE V SPACE AND OCCUPANCY STANDARDS Sectiou 20-5.0 No person sball occupy as owner, occupant or let to anotber for occupancy any dwelling or dwelling unit, for tbe purpose of living therein, wlrich does not comply witb the fol- lowing requirements of tbis Article. Sectiou 20-5.01 Location on Prop- erty. All buildings shall be located witb respect to property lines and to other buildings on tbe same property as required by the Zoning Ordinance and Section 5.04 and Part V of tbe Building Code. Each dwelling unit and each guest room in a dwelling or a lodging house shall have access to a 111 Regular Session, AprH 2, 1979 passageway, not less tban 3 feet in widtb, leading to a public street "' alley. Each apartmeut bonse or hotel shall have access to a public stmet by I means of a passageway not less than 4 feet in width. Corridors, balconies, and stairways shall not be less thao that required by Mticle VIII of this code. Seetiou 20-5.02 Yards and Courts (a) Scope. Tbis Section shall apply to yards and courts having required win- dows opening therein. (b) Yards. Every yard shall be as required by the Zoning Ordinance. (c) Conrts. Every court sball be not less than 3 feet in width. Courts having windows openiug on opposite sides sball be not less tban 6 feet in widtb. Courts bounded on three or more sides by the walls of tbe building shall be not less tban 10 feet in length unless bounded on ooe end by a street or yard. For buildings m",e than two stories in beight the court shall be incmased 1 foot in widtb and 2 feet in length for each additional story. For buildings exceediug 14 stories in heigbt, the required dimeosions shall be com- puted on the basis of 14 stories. Ade- quate access shall be provided to the bottom of all courts for cleaning pur- poses. Every court more than two stories in height sball be provided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to tbe exterior of the building unless abutting a yard", public space. The coustruction of the air intake shall be as required for the court walls of the building, but in no case sball be less tban one-bour fire-resistive. (d) Projection into Yards. Projec- tions into yards sball be in accordance with tbe Zoning Ordinance. Room Dimensions Section 20-5.03 (a) Ceiling Heighta. Habitable rooms or areas shall have a ceiling height of not less than 7 feet 6 inches except as otbel'Wise permitted in this Section. Other rooms or areas may bave a ceiling height of not less than 7 feet measured to the lowest pmjection from tbe ceiling. If any room in a building has a sloping ceiling, the pre- scribed ceiling height for the room is required iu only one-half the area thereof. No portion of tbe room meas- uring less than 5 feet from the finished floor to the finisbed ceiliug shall be included in any computation of the minimum area thereof. If any room has a furred ceiing, tbe prescribed ceil- ing heigbt is required in two-thirds the area themof, but iu no case shall the height of the funed ceiling be less than ?feet. (b) Floor Area, Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less tban 70 square feet. Where more tban two persons occupy a mom used for sleeping purposes the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. EXCEPTION: Nothing in this Sec- tion shall prohibit the use of an efficiency living unit witbin an apartment house meeting the fol- lowiug requirements: 1. The unit sball bave a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit io excess of two. 2. The unit shall be provided with a separate closet. 3. Tbe unit shall be provided witb a kitcben sink, cooking appliance and refrigeration facilities each having a clear working space of not less tban 30 inches in front. Light and venti- lation conforming to this Code sball be provided. 4. The unit sball be provided with a separate batbroom containing a water closet, lavatory, and bathtub orshower. (c) Width. No habitable room other tban a kitcben shall be less than 7 feet in any dimension. Each water closet stool shall be located in a clear space not less tban 30 inches in widtb and a clear space in front of tbe water closet stool of not less tban 24 incbes shall be provided. (d) Maximum Density, Minimum Space and Location Requirements. 1. Not more tban one (1) family, plus two (2) occupants unrelated to the family, except for guests or domes- tic employees, shall occupy a dwell- ing unit unless a license for a rooming house has been granted by the Appropriate Authority. . 2. No space located up to four feet (4'0") below grade shall be used as a habitable room of a dwelling uoit unless approved by the (Appropri- ate Autbority) in writing. 3, No space located more thau four feet (4'0") below grade shall be used as a habitable room of a dwelling unit. 4. No dwelliug or dwelling unit co~- taining two (2) or more sleeping rooms shall have such room arrangements tbat access to a batb- room or water closet compartment intended for use by occupants of Regular Session, AprH 2,1979 112 more than (I) sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by Roing through another sleeping room. A batbroom or water closet compartment shall not be used as the only passageway to any habita- ble room, hall, basement or cellar or to the exterior of the dwelling unit. 5. Every dwelliog unit shall bave at least four (4) square feet of floor-to- cciling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage for the defi- ciency shall be snbtracted from the area of habitable room space used in determining permissible occn- pancy. Section 20-5.04 Ligbt aud Ventila- tion (a) Natural Light and Ventilation. All guest rooms, dormitories and habit- able rooms within a dwelling unit shall be provided witb natural light by means of exterior glazed openings with an area not less tban one-tenth of the floor area of such rooms with a mini- mum of 10 square feet. All bathmoms, water closet compartments, laundry rooms and similar rooms sball be pro- vided with natural ventilation by means of openable exterior opening with an area not less thau one-twen- tietb of the floor area of such rooms witb a minimum of I y, square feet. All guest rooms, dormitories and habitable moms within a dwelling unit shall be provided with natural ventila- tion by means of open able exterior openings with an area of not less than one-twentieth of tbe floor area of such rooms with a minimum of 5 square feet. (b) Origin of Light and Veutilation. Required exterior openings for natural light and ventilation shall open dir~ctly onto a street or public alley or a yard or court located on the same lot as the buildiug. EXCEPTION: Required windows may open into a roofed porch where the porch: 1. Abuts a street, yard, or court; and 2. Has a ceiling height of not less than 7 feet; aud . 3. Has the longer side at least 65 perceut opeu and uuobstructed. A required window in a service mom may open into a vent shaft which is open and unobstructed to tbe sky and uot least tban 4 feet in least dimen- sion. No vent shaft sball extend through more than two stories. For the purpose of determining light and venti- lation requirements, any room may be considered as a portion of an adjoining room when one-half of tbe area of the common wall is opeu and unobstructed and provided an opening of not less than one-tentb of the floor area of the interior room or 25 square feet, which- ever is greater. 1. Covered courts. No court of a dwelling shall be covered by a roof or skylight. Every sucb 'court shall be at every poiut open from the ground to the sky uoobstructed; except that in the case of hotels, courts may start on the floor level of the lowest bedroom story, and in the case of other multiple dwellings where there are stores or shops on tbe lower story or stories, courts may start on the top of sucb lower story or stories. (Section 413.16 C.l.) 2. Corners of courts. Notbing con- tained in the foregoing sections concerning courts shall be con- strued as preventing the cutting off of the corners of said courts. (Sec- tion 413.18 C.l.) 3. Window area - crawl spaces and attics. All basements and cellars sball pmvide light and ventilation with window area of not less than one percent of the auperficial floor area. Crawl spaces and attic spaces shall be provided with ventilating area not less tban one three-hun- dredths of the floor area. No mecbanical exbaust system, exbausting vapors, odor or gases, shall be discharged into any attic, crawl space or cellar but shall be directed to tbe outside air; except this shall not prevent the mechani- cal exhausting of normal room air to attics when used solely for cool- ing purposes. 4. Partitious. In every dwelling an alcove in any room intended or used for separate occupancy shall be separately ligbted and ventilated as provided for rooms in the forego- ing sections. No part of any room in a dwelling hereafter erected shall be enclosed or subdivided at any time, wholly or in part, by a fixed partition for permanent separate occupancy, unless sucb part of the room so enclosed or subdivided shall be separately lighted and ven- tilated as provided for rooms in the foregoing sections. (Sectiou 413.24 C.l.) (e) Mechanical Ventilation. In lieu of required exterior openings for natu- Regular Session, April 2, 1979 Regular Session, AprD 2,1979 114 113 in excess of 10 occupants on that floor. Such facilities shall he clearly marked for"Men"or"Women". (b) Requirements for Communal or Public Water Closets, Lavatories, Bathtub or Showers. 1. Urinals: Mens or womens urinals may he suhstituted for required water closets wherever urinals are provided, one (I) water closet Ie" than the oumher specified may he provided for each urinal installed, except the number of water closets in such case shall not be reduced to less than two-thirds (2/3) of the minimum specified. 2. Water Closet, Batbtub, or Shower Compartments and Walls. Communal or public water closet, bathtub, or shower compart- ments, floors, walls, etc., sball be provided as required by Section 1711 oftbe Building Code. 3. Access to Water Closets, Lava- tories, Batbtubs, and/or Show- ers. Access to communal or public rest or bathrooms shall be from a common or public ball or passage- way. (c) Kiteben. Everyone-unit dwelling unit, each dwelling uuit of a two-unit dwelliug, and eacb dwelling unit of a Class "A" dwelling shall be provided witb a room or portion of a room for a kitchen or kitchenette within tbe dwelling unit. No food shall be pre- pared and/or cooked in any dwelling unit of a class "Boo multiple dwelling unless a kitchen or kitchenette is pro vided within the dwelling unit. Com- munal food preparation and/or cook- ing and dining facilities are prohibited. Wben a kitchen or kitchenette is not provided in each dwelling unit of a class B multiple dwelling, food service may be supplied in approved central kitcben and dining facilities. 1. Such an approved facility sball have a kitchen sink connected to an approved and working drain with hot and cold water under pressure supplied to tbe kitchen sink. In no case shall a lavatory substitute for an approved kitchen sink. 2. Cabinets and/or sbelves for tbe stor- age of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary sum- mer conditions require refrigeration for safe keeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construc- tion furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. ral ventilation, a mechanical ventila- tion system may be provided. Such system shall be capable of pro- viding two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One fifth of tbe air supply sball be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical venti- lation system connected directly to the outside, capable of providing five air changes per hour, shall be provided. 1. Wben facilities for interior climate control (beating, cooling, and/or humidity) are integral functions of structures containing dwelling units or rooming units, such facilities shall be maiutained and operated in a continuous manner and in accor- dance with the desigoed capacity of tbe installed equipment. During instances wheu the integral equip- ment is inoperative because of power or mechanical failure, alter- native provisions for fresh air venti- ~::~~::lle~~hp~;~~~~g ;;e r~~~:~~ I 20-7.01(a) page 53, (d) Hallways. All public hallways, stairs, and otber exitways shall be ade- quately ligbted at all times in accor- dauce witb Section 3312(a) of the Building Code. Every public hall and stairway serving not more tban two (2) dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of fulltime lighting. Section 20...0. Sanitation (a) Water closets, Lavatories, and Bathtubs or Showers. Every one- unit dwelling, two-unit dwelling, and class A multiple dwelling shall be pro- videdwith at least one water closet, one lavatory, and one bathtub or sbower located in each dwelliug unit. Every class B multiple dwelling shall be provided witb at lesst one water closet, one lavatory, and one bathtub or shower located in eacb dwelliug unit; or wbere private water closets, lavatories, and bathtubs or showers are not provided within each dwelliug unit tbere shall be provided ou each floor for each six dwelling units at least one communal water closet, one communal lavatory, and oue communal bathtub or communal sbower accessible from a public ballway. Additional communal water closets, lavatories, and bathtubs, or showers shall be provided on each floor at the rate of one water closet, one lavatory, and bathtub or shower for each 10 occupants or fractional number thereof 3. A stove. or similar device, for cook- ing food, and a refrigerator, or simi- lar device, for the safe storage of food at temperatures Ie" than 45 degrees fahrenheit but more tban 32 degrees fahrenheit under ordinary maximum summer conditions, which are properly iustalled with all necessary connections for safe, sanitary and efficient operation; provided that such stove, refrigera- tor, and/or similar devices need not be installed when a dwelling unit is not occupied and wben the occu- pant is expected to provide same on occupaney. Sufficient space and adequate connections for the safe aud efficient installation and opera- tion of said stove, refrigerator and/or similar devices shall be pro- vided by the dwelling unit owners. (d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage dis posal system. All plumbing fixtures shall be connected to ao approved sys- tem of water supply aod provided with hot aud cold running water, except water closets shall be provided with cold water only. All plumbing fixtures shall be of an approved glazed earthen- ware type or of a similarly nonabsor- bent material. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean, sanitary, and operable condition and shall be responsible for the exer- cise of reasonable care in the proper use and operation thereof. (e) Water Closet Compartments. Walls and floors of water closet com- partments shall be finished in accor- I dance with Section 1711 of the Building Code. 1. Every water closet compartment, batbroom and kitchen floor surface shall be constructed and maio- tained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (t) Room Separations. 1. Every water closet, bathtub, or ,mower required by this Code shall be installed in a room which will afford privacy 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 door. (g) Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary coudition. No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Iowa and the City of Dubuque. 1. Color of walls and courts. In multiple dwellings tbe walls of all courts, unless built of a ligbt color brick or stone, shall be thoroughly white-washed by the owner or shall be painted a light color by bim, and shall be so maintained. Such white- wash or paint shall be renewed whenever necessary, as may be required by the bealtb officer. (Sec- tion413.70C.I.) 2. Color of walls of other rooms. In all multiple dwellings erected prior to tbis cbapter, the health officer may require tbe walls and ceilings of every room that does not open directly on the street to be calci- mined or painted so as to furnisb adequate lighting of such room and may require this to be renewed as often as may be necessary. (Section 413.71 C.l.) (h) Garbage and Refuse 1. Every occu'pant of a dwelling or dwelling unit shall store and dispose of his garbage, refuse, and any otber organic waste whicb might provide food for insects and/or rodents in a clean, sanitary, safe manner. All garbage cans and refuse containers sball be rat-proof insect-proof, watertigbt, struc- turally strong to withstand ban- dling stress, easily filled, emptied and cleaned; shall be provided with tight-fitting covers or similar clo- sures. Disposable plastic bags man- ufactured for garbage and refuse disposal shall be acceptable if proper closures are used. 2. Baskets, boxes and non-complying refuse or garbage cans or contain- ers shall be coosidered disposable refuse and shall be removed by the collection crews if they are the proper size. 3. Bulk storage containers which are used for the storage of garbage, refuse and/or other putrescible waste shall be placed '0 as to mini- mize spillage onto the adjacent areas. All bulk storage containers shall be equipped with tight fitting lids. 4. The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall be sufficient to meet the needs of the occupants of the dwelling. 5. Every owner of a dwelling contain- ing three (3) or more dwelling units shall supply facilities or refuse con- tainers for the sanitary and safe Regular Session, April 2, 1979 115 Regular Session, AprH 2, 1979 116 resistant materials or the use of lead-free paint or other preserva- tives. 8. Every occupant of a dwelling con- taining a single dwelling unit shall be respousible for the extermination of insects, and/or rats, on the prem- ises and every occupant of a dwell- iog unit in a dwelling containing more than one (1) dwelling unit shall be responsible for sucb exter- mination whenever his dwelling unit is the only one iufested. Not- withstanding, the foregoing provi- sions of tbis subsectioo, wbenever infestation is caused by failure of owner to maintain a dwelling in a ratproof or reasonable insect-proof condition, extermination shall be tbe responsibility of tbe owner. Whenever, infestation exists in two (2) or more of the dwelling units in any dwelling, or in the sbared or public parts of any dwelling con- taining two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. 9. No occupant or owner of a dwelling noit shall accumulate rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about any dwelling or dwelling unit. 10. No owner or occupant of a dwell- ing or dwelling unit shall store, place, or allow to accumulate any materials which may serve as food for rats in a site accessible to rats. 11. All windows located at or near ground level used or intended to be used for ventilation, all other open- ings located at or near ground level, and all exterior doorways whicb might provide any entry for rats, shall be supplied with adequate screens or such otber devices as will effectively prevent tbe entrance of rats into tbe structure. 12. Every window, exterior door and batchway or similar device sball be so constructed to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies and other flyiug insects. 13. Every doorway used for ventilation aud opening directly from a dwell- ing unit to outside space shall have supplied properly fitting screens baving at least sixteen (16) mesh and with a self-closing device. 14. The owner of a dwelling unit shall be respousible for providing and hanging all screens and double or storm doors and windows whenever tbe same are required under the storage and/or disposal of rubbisb and garbage. Iu the case of single or two (2) family dwellings it shall be the responsibility of eacb occupaut to furnish such facilities or refuse coutaiuers. (i) Vermin Control 1. Every dwelling, multiple dwelling, rooming house or accessory struc- ture and the premises on which located sball be maintained in a rat-free and rat proof condition. 2. All openings in tbe exterior walls, foundations, basements, ground or first floors and roofs wbich have half-inch diameter or more opening sball be ratproofed in an approved manner if tbey are within forty- eight (48) inches of tbe existing exterior ground level immediately below such openings, or if they may be reacbed by rats from the ground by climbing uuguarded pipes, wires, cornices, stairs, roof, and other items sucb as trees or vines or by burrowing. 3. All sewers, pipes, drains or conduits and openings around such pipes and conduits sball be constructed to 'prevent tbe ingress or egress of rats to or from a building, 4. Interior floors of basements, cellars and other areas in contact with the soil shall be rat-proofed in an approved manner. 5. Any materials used for rat-proofing shall be acceptable to the (Appro- priate Autbority). 6. All fences be constructed of approved fencing materials, sball be maintained in good coudition and shall not create a harborage for rats. Wood materials sball be protected against decay by use of paint which is not lead-based paint or by other preservative material. The permis- sible height and otber characteris- tics of all fences sball couform to the appropriate statutes, ordi- nances, and regulation of tbe City of Dubuque and the State of Iowa. Wherever auy egress from the dwelling opens iuta the feuced area, tbere sball be a means of egress from the premises to any public way adjacent tbereto. 7. Accessory structures present or pro- vided by the owner, agent, or ten- ant occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and free of insects and rats, or such structures shall be removed from tbe premises. Tbe exterior of such structures sball be made weatber resistant throngh tbe use of decay- provisions of this ordinance or any rule or regulation adopted pursuant thereto. Tbe maintenance or replacement of screens, storm doors and windows, once installed in any one (1) season becomes the respon- sibility of tbe occupant. Tbe occu- pant's reponsibility shall be exclusive to bis or ber dwelling unit. (j) Miscellaneous 1. Every owner of a dwelling or dwell- ing unit shall provide and maintain the dwelling or dwelling unit free from ha,ards to health due to the presence of toxic substances, e.g. lead-based paint, as detennioed by the (Appropriate Authority). No owner or occupant shall apply a lead-based paint to any surface in any dwelling, dwelling unit, room- ing house and/or rooming unit. 2. Bedding, Linen and Towels. Wben- ever bedding, linen, or towels are furnished by the owner or operator tbey shall be changed at least once I each week and prior to the change of occupant. The owner or operator sball be responsible for the supply and maintenance of all supplied bedding, linen and towels. 3. Every foundation, roof and exterior wall, door, skyligbt and window sball be reasonably weather-tight, water-tight and damp-free and sball be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in good repair. All exterior wood sur- faces, other tban decay resistant woods, shall be protected from the elements and decay by paint whicb is not lead-based paint or by otber protective covering or treatment. Walls shall be capable of affording privacy for the occupants. 4. In every dwelling hereafter erected all courts, areas, and yards sball be properly graded and drained, and wben required by the bealth officer the courts shall be properly con- ~:e~:~e:~a;;bole or in part as may I 5. Unless otber provisions are made, gutters, leaders and downsþouts shall be provided and maintained in good working conditions as to provide proper drainage of storm water. 6. Fire Escapes. The owner of every multiple dwelling on wbich there are fire escapes shall keep them in good order and repair, and when- ever rusty sball bave them properly painted with two coats of paint. No person sball at any time place an obstruction of any kind before or upon sucb fire escape. (Section 413.81 C.I.) 7. Article dangerous to life or bealth. No dwelling nor any part thereof, nor of the lot upon which it is situ- ated, shall be used as a place of storage, keeping, or handling of any article dangerous or detrimental to life or health: nor of any combusti- ble article except under such condi- tions as may be prescribed by tbe fire commissioner, or the proper official, under autbority of a writ- ten pennit issued by him. (Section 413.74 C.!.) 8. No horse, cow, calf, swine, sheep, goat, cbickens, geese, ducks, don- key, rabbits or pigeons sball be kept in any dwelling or part tbereof. No such animal, except a borse, sball under any circumstances be kept on tbe same lot or premises witb a multiple dwelling. The keeping of sheep, goats or cattle is prohibited except on premises containing over one acre, and except within an enclosure distant at least fifty (50) feet from any side lot line or any street line. Poultry and rabbits sball not be kept other tban witlún an enclosure distant at least ten (10) feet from any side lot line and at least fifty (50) feet from any street line or dwelling. ARTICLE VI STRUCTURAL REQUIREMENTS No person sball occupy as owner, occupant or let to another for occu- pancy auy dwelling or dwelling unit, for tbe purposes of living, sleeping, cooking or eating therein, wlúch does not comply with the following require- ments of tbis Article. General Section 20-6,01 (a) General. Build- ings or structures may be of any type of construction permitted by tbe Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capa- ble of resisting any and all forces and loads to which they may be subjected. All structural elements shall be pro- portioned and joined in accordance witb tbe stress limitations and design criteria as specified in tbe appropriate sections of tbe Building Code. Build- ings of every permitted type of con- struction sball comply with tbe applicable requirements of the Building Code. (b) Shelter. Every building sball be weatber protected so as to provide shelter for the occupants against the elements and to exclude dampness. (c) Protectiou of Materials. All wood shall be protected against termite dam- ~- ~~-~-~---------- 117 Regular Session, AprD 2, 1979 Regular Session, AprD 2, 1979 age and decay as provided in the Bnilding Code. (d) Basic Security and Safety Requirements. 1. Structurally sound handrails shall be provided on any steps containing fonr (4) risers or more. Porcbes, patios, and/or balconies located more tban three (3) feet higher tban the adjacent area shall have strncturally sound protective guard or handrails. 2. Each dwelling unit shall have facili- ties for the safe storage of drngs and bousehold poisons. 3. No person shall let to another for occnpancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with functioning locking devices. ARTICLE VII MECHANICAL REQUIREMENTS No person shall occupy as owner, occu- pant or let to another for occupancy aoy dwelling or dwelling unit, for the purpose of living tbereio, whicb does not comply with the following require- ments of this Article. Section 20-7.01 (a) Heating. Every dwelling unit and guest room shall be provided with heating facilities capa- bl. of maintaining a room temperature of 70 degrees fabrenheit at a point 3 feet above tbe floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Chapter 37 of the Buildiug Code, the Mechanical Code, and all otber applicable laws. No uuvented fuel-burning beater shall be penuitted. See Sec. 20-5.04(c), Subsec- tion I, pg42. All heating devices shall be con- structed, installed, and operated in sucb a manner as to minimize acci- dental burns. All heating devices nr appliances shall be of an approved type. (b) Electrical Equipment. All electri- cal equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equip- ment shall be of an approved type. Wbere there ls electrical power avail- able within 300 feet of tbe premises of any building, such building shall be connected to such electrical power. Every habitable room shall coutain at least two supplied electric convenience outlets or one such conveuience outlet and one supplied electric light fixture. No duplex outlet shall serve more than two fixtures or appliances. Every water closet compartment, bathroom, laun- dry room, furnace room, and public hallway sball contain at least one sup- plied electric light fixture. 1. All electric lights in bathrooms shall be controlled by switches which are of such design as shall minimize the danger of electric sbock, and such lights shall be installed and maintained in such condition as to minimize tbe danger of electrical shock. 2. An ample number of adequately sized and protected circuits and out- lets shall be supplied by the owner to serve the appliances normally used by an occupant. Overcurrent protection sball be provided with properly sized s type fuses or circuit breakers. 3. Every dwelling unit with kitchen facilities provided shall be supplied with two (2) 15 ampere circuits, one of which supplies kitchen only. A min- imum of three (3) duplex outlots will be provided in kitcbens. (c) Veutilation. Vontilation for rooms and areas and for fuel-burning appli- ances sball be provided as required in the Mechanical Code and in this Code. Where mechanical ventilation is pro- vided in lieu of tbe natural ventilation required by Section 20-5.04 of this Code, such mecbanical ventilating sys- tem shall be maintained in operation during the occupancy of any building or portion thereof. Section 20-7.02 Applicable Provi- sions. (a) All building electric service equip- ment sball be installed and main- tained in accordance with Chapter 13 of tbe Code of Ordinances of the City of Dubuque. (b) All heating, veutilating, air condi- tioning and refrigeration shall be installed and maintained in accor- dance with Chapter 19 of tbe Code of Ordinaoces of the City of Dubuque. (c) All plumbing shall be installed and maintained in accordance with Chapter 30 of the Code of Ordi- nances of the City of Dubuque. ARTICLE VIII EXITS No person shall occupy as owner, occu- pant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements: Sec. 20-8.01 General Every dwelling unit or guest room shall have access directl~ to the out- side or to a public corridor. All build- ings or portions thereof sball be provided with exits, exit ways, and appurtenances as required by Chapter 33 of the Building Code. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or res- cue. The units shall be operable from tbe inside to provide a full clear open- ing without the use of separate tools. All egress or rescue windows from sleeping rooms shall bave a minimum net cle..' opening of 5.7 square feet. The minimum oet clear opening height dimension shall be 24 inches. The min- imum net clear opening width dimen- sion shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more tban 44 inches above the floor. Every dwelling nnit in a multiple dwelling, and evecy dwelling unit on thc second floor of a duplex dwelling, shall have immediate access to two (2) or more approved means of egress leading to safe and open space, or as required by the laws of tbis State and the City of Dnbuque. Access to or ~~~~:~o~::~~t d;~~i~: ~~:~:::I~~; I other dwelling unit. ARTICLE IX FIRE PROTECTION Section 20-9.01 (a) General. All buildings or portions thereof shall be provided with the degree of fire-resis- tive construction as required by the Building Code, for the appropriate occupancy, type of construction, and location on property or in fire zone: and shall be provided witb the appro- priate fire-extinguishing systems or equipment required by Cbapter 38 of the Building Code. (b) All Building and portions thereof sball be maintained in accordance with Cbapter 14 of the Code of Ordiuances of the City of Dubuque. (c) Approved type fire extinguishers shall be provided on each floor of an apartment building, so located that they will be accessible to the occu- pants, and spaced so that no person will have to travel more than seventy- five (75) feet from any point to reach the nearest extinguisher. Additional extinguishers shall be installed in areas tbat constitnte a special bazard as determined by the City Fire Marshal. ARTICLE X SUBSTANDARD BUILDINGS. DWELLING UNITS AND LOTS DEFINED Section 20-10.01 (a)General. Any building, structure, or vacant lot or portion thereof including any dwelling unit, lodging unit, rooming unit or suite of rooms, or tbe premises on wbich the same is located, in whicb there exists any of tbe following listed conditions to an extent tbat endangers the life, limh, health, property, safety, or welfare of tbe pnblic or tbe occu- pants thereof sball be deemed and hereby is declared to be a substandard building, structure, unit, premises or lot. (b) luadeqnate Sanitation. Inade- quate sanitation shall include but not be limited to tbe following: 1. Lack of, or improper water closet, lavatory, batbtub or shower in a dwell- ingunit. 2. Lack of, or improper water clos- ets, lavatories, and bathtubs or show- ers per number of occupants in all class B dwelliogs. 3. Lack of, or improper kitchen sink. 4. Lack of hot and cold running water to plnmbing fixtures in all Class B dwellings. 5. Lack of hot and cold running water to plumbing fixtures in a dwell- ing unit. 6. Lack of adequate heating facili- ties. 7. Lack or improper operation of required ventilating equipment. 8. Lack of minimum amounts of nat- ural light and ventilation required by this Code. 9. Room and space dhnensions less tban required by this Code. 10. Lack of required electrical light- ing and/or electrical outlets. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by tbe health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by tbe healtb officer. (c) Structural Hazards. Structural bazards sball include but not be lim- ited to the following: 1. Deteriorated or inadequate foun- dations. 2. Defective or deteriorated flooring or floor supports. 3. Flòoring or floor supports of insuf- ficient size to carry imposed loads with safety. 4. Members of walls, partitions, or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitious, or other vertical supports that are of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports, or otber borizontal- 118 Regular Session, AprD 2, 1979 119 Regular Session, AprD 2,1979 120 been adequately maintained in good and safe conditions. (k) Hazardous or Unsauitary Prem- ises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, gar- bage, offal, rat harborages, stagnant water, combustible materials, and simi- lar materials or conditions constitute fire, health, or safety hazards. (1) Inadequate Maintenance. Any building or portion thereof wbich is determined to be an uosafe building in accordance with Section 203 of the Building Code. (m) Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code except those buildings or portions tbereof whose exit facilities conformed with all applicable laws at the time of their construction and which have beeo adequately main- tained aod increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. (n) Inadequate Fire-protection or Fire-figbting Equipment. All build- ings or portions thereof which are not provided with the fire-resistive con- struction or fire-extinguishiog systems or equipment required by this Code, except those buildings or portions thereof which conformed witb all applicable laws at the time of con- struction and the fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maiotained and improved in relation to any increase in occupant load, altera- tion or addition or any cbange in occu- pancy. (0) Improper Occupancy. All build- ings or portions thereof occupied for living, sleeping, cooking or dining pur- poses whicb were not designed or intended to be used for such occupan- cies. members whicb sag, split, or buckle due to defective material or deteriora- tiou. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members tbat are of insufficient size to carry imposed loads with safety. 8, Fireplaces or cbimneys which list, bulge, or settle, due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficieut size or strength to carry imposed loads witb safety. (d) Nuisance. Any nuisance as defined in tbis Code. (e) Hazardous Wiring, All wiring except that which conformed witb all applicable laws in effect at tbe time of installation and which has been main. tained in good condition and is being used in a safe manner. (I) Hazardous Plumbing. All plumb- ing except that which conformed with all applicable laws in effect at tbe time of installation and which bas been maintained in good condition and wbicb is free of cross connections and sipbouage between fixtures. (g) Hazardous Mechanical Equip- ment. All mecbanical equipment, including vents, except that wbicb con- formed with all applicable laws in effect at the time of installation and which has been maintained in good and safe conditiou. (b) Faulty Weather Protection, wbicb shall include but not be limited to the following: 1. Deteriorated, crumbling, or loose plaster. 2. Deteriorated or ineffective water- proofing of exterior walls, roof, foun- dations, or floors, iucluding broken windows or doors. 3. Defective or lack of weather pro- tection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split, or buckled exterior wall coverings or roof cover- ings. (i) Fire Hazard. Any building or por- tion thereof, device, apparstus, equip- ment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or his deputy, is in sucb a condition as to cause a fire or explosion or provide a ready fuel to angment the spread and intensity of fire or explosion arising from any cause. (j) Faulty Materials of Construc- tion. All materials of construction except those which are specifically allowed or approved by this Code and the Building Code, aud whicb bave commence proceedings to cause tbe repair. rehabilitation, vacation. or dem- olition of the building, structure, dwelling unit, lodging unit, rooming unit, premise or vacant lot. (b) Notice and Order. The Building Official shall i"ue a notice and order directed to the record owner of the building, premise. or lot. The ootice and order shall contain; 1. The street address and a legal description sufficient for identifica- tion of the premises upon which the huilding or lot is located. 2. A statement that the Building Offi- cial has found the building, struc- ture, dwelling unit, lodging unit, rooming unit. premise or vacant lot to be substandard witb a brief and concise description of the conditions found to render the building, struc- ture, dwelling unit, lodging unit, rooming unit, premise or vacant lot dangerous under the provisions of Section 20-2.02 of this Code. 3. A statement of the action required to be taken as determined by tbe Building Official. (i) If the Building Official has deter- mined tbat the building, structure, dwelling unit, lodging unit, rooming unit, premise or vacant lot must be repaired, the order shall require that all required permits be secured I therefor and tbe work pbysically commenced within 10 days from tbe date of the order and completed within such time as tbe Building Official shall determine is reason- able under all of tbe circumstances. (The work sball be deemed pbysi- cally commenced if any of the fol- lowing criteria are followed; the owner has contacted a contractor, architect or designer, for eitber an estimate of work or design to cor- rect the deficiency or if tbe owner has reasonably commenced the work, or given a contractor notice to proceed witb the work necessary to correct tbe deficiency). (Ii) If the Building Official has determined that the building, struc- ture dwelling unit, lodging unit, rooming unit, premise or vacant lot must he vacated, the order shall require that the building, structure, dwelling unit, lodging unit, rooming uoit, premise or vacant lot shall be vacated within a certain time from the date of the order as determined by the Building Official to be rea- sonable. (Iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated witbin sucb time as the Building Official sball determine reasonable (not to exceed 60 days from tbe date of the order); that all required permits shall be secured prior to commencing said demoli- tion, and that tbe demolition be completed within such time as the Building Official sball determiue is reasonable. 4. Statement advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, tbe Building Official (i) will order tbe building vacated and posted to prevent fur- ther occupancy until the work is completed, aod (ü) may proceed to cause the work to be done and charge the costs tbereof against the property or its owner. 5. Statements advising (i) that any person baving any record title or legal interest in the building, struc- ture, dwelling unit, lodging unit, rooming nnit, premises or vacant lot may appeal from tbe notice and order or any action of the Building Official to tbe Housing Code Advi- sory and Appeals Board, provided tbe appeal is made in writing as provided in this Code, and filed with the Building Official witbin 10 days from tbe date of service of sucb notice, order, or action and (ii) that failure to appeal will consti- tute a waiver of all right to an administrative bearing and determi- nation of the matter. (c) Service of Notice and Order. Tbe notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the bolder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or bolder of any lease of record; and the bolder of any other estate or legal interest of record in or to the building or the land on wbicb it is located. Tbe failure of the Building Official to serve any person required herein to be served sball not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obliga- tion imposed on him by the provisions of this Section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled tbereto either per- sonally or by mailing a copy of such ARTICLE XI NOTICES AND ORDER OF BUILDING OFFICIAL General Seotion 20-11.01 (a) Commence- ment of Proceedinga. Whenever the Building Official bas inspected or caused to be inspected any building, structure, dwelling unit, lodging unit, rooming unit, premises or vacant lot and has found and determined that such building, structure, dwelling unit, lodging unit, rooming unit, premises or vacant lot is substandard, be shall ------- 121 Regular Session, AprH 2,1979 Regular Session, AprH 2, 1979 notice and order by certified mail, postage prepaid, return receipt I requested, to each such person at bis address as it appears on the last equa- lized assessment roll of the county or as known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to sucb person, at the address of the building involved in the proceedings. Tbe failure of any such person to receive sucb notice shall not affect the validity of any proceed- ings taken under this Section. Service by certified mail in tbe manner herein provided shall be effective ou the date of mailing. (e) Proof of Service. Proof of service of the notice and order shall be certi- fied to at the time of service by a writ- ten declaration under penalty of perjury executed by tbe person effect- ing service, declaring the time, date, and manuer in wbich service was made. The declaration, together with any receipt card returned in acknowl- edgment of receipt by certified mail sball be affixed to the copy of tbe notice and order retained by the Building Official. Recordation of Notice and Order Section 20-11.02. If compliance is not bad with tbe order within the time spe- cified therein, and no appeal has been properly aud timely filed, the Building Official shall file in the office of the County Recorder a certificate describ- ing the property and certifying (i) that tbe building, structure, dwelling unit, lodging unit, rooming unit, premise or vacant lot is substandard and (ü) tbat tbe owner bas been so uotified. Wben- ever the corrections ordered shall thereafter bave been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certif- icate, tbe Building Official shall file a new certificate with tbe County Recorder certifying that tbe building has been demolished or all required correctious have beeu made so tbat the building, dwelling unit, lodging uuit, rooming unit, premise or vacant lot is not longer substandard. wbichever is appropriate. Repair, Vacation and Demolition Seetion 20-11.03 (a) Standards to be Followed, Tbe following standards shall be followed by the Building Offi- cial (and by tbe Housing Code Advi- sory and Appeals Board if au appeal is taken) in ordering the repair, vacation or demolition of any snbstandard building, structure, dwelling unit, lodg- ing unit, rooming unit, premise or vacant lot: 122 1. Any building declared a substandard building under this ordinance shall eitber be repaired in accordance with the current Building Code or sball be demolished at the option of the building owner. 2. If the building, structure, dwelling unit, lodging unit, rooming unit, premise or vacant lot is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it sball be ordered to be vacated. Notice to Vacate Sectiou 20-11.04 (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 20. 11.01(c) be posted at or upoo each exit of tbe building, structure, dwelling unit, lodging unit or rooming nnit and shall be in substantially the following fOnD: to take such action as is appropri- ate to correct or abate the emer- gency. If circumstances warrant, the Building Official may act to correct or ahate tbe emergency. ARTICLE XII APPEAL General Section 20-12.01 (a) Form of Appeal. Any person entitled to ser- vice under Section IlOI (c) may appeal from any notice and order or any action of tbe Building Offi- cial under this Code by filing at the office of the Building Official a written appeal containing: 1. A heading in the words: "Before the Board of Appeals of the City of ------------." 2. A caption reading "Appeal of --- -------" giving tbe names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of eacb of the appel- lants in tbe building or tbe land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support tbe contentions of tbe appellant. 5. A brief statement in ordinary and concise language of the relief sought, and tbe reasons why it is claimed the protested order or action should be reversed, modified I or otherwise set aside. , 6. The signatures of all parties named as appellants, and their official mailing address. 7. The verification (by declaration nnder penalty of perjury) of at least one appellant as to tbe truth of the matters stated in tbe appeal. The appeal shall be filed within 10 days from the date of the service of sucb order or action of the Building Official: provided, however, tbat if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in acccordance with Sec- tion 20-11.04 sucb appeal shall be filed within 10 days from the date of the service of the notice and order of the Building Official. (b) Processing of Appeal. Upon receipt of any appeal filed pnrsuant to this Section, tbe Building Official sball present it at the next regular or special meeting of tbe Board of Appeals. ~~~ S~::~::,~~gA~u~0:1,"~~i;~a~rc".~7~ I NOTlCE TO VACATE This ---------- has been declared to be substandard to the extent that it endangers life, limb, health, property, or welfare of tbe public or occupants. After ----- ----- DO NOT OCCUpy OR USE for ------------. ----------------- Building Official City of Dubuque (b) Compliance. Whenever sucb notice is posted, tbe Building Offi- cial shall include a notification thereof in the notice and order isaued by him uuder subsection (b) of Section 20-11.01, reciting the emergency and specifying the con- ditions which nece.ssitate the post- ing. No person shall remain in or enter any building, structure, dwell- ing unit, lodging unit, or roomiug unit which bas heen so posted, except that entry may be made to repair, demolish or remove such building, structure, dwelling unit, lodging unit or rooming uuit under permit. No person shall remove or deface any such notice after. it is posted until the required repairs, demolition, or removal have been completed and a Certificate of Occupaucy issued pursuant to the provisions of the Building Code. Any persou violating this subsection shall be guilty of a misdemeanor. (c) Emergencies. Whenever;in the judgment of the Building Official an emergency exists whicb requires immediate action to protect the public bealth, safety, or welfare, an order may be issued, withont a hearing or appeal, directing tbe owner, occupant, operator, or agent after receiving tbe written appeal tbe Housing Advisory and Appeals Board shall fix a date, time, and place for the bearing of the appeal by the Board. Such date shall be not less tban 10 days nor more than 50 days from the date the appeal was filed witb tbe Building Official. Written notice of tbe time and place of the hearing shall be given at least 10 days prior to the date of the bearing to each appellant by the Secretary of the Board either by caus- ing a copy of such notice to be deli- vered to the appellant personally or by mailing a copy tbereof, postage pre- paid, addressed to the appellant at bis address shown on tbe appeal. Effect of Failure to Appeal Section 20-12.02 Failure of any per- son to file an appeal in accordance with the provisions of Sections 20-11.01 and 20-12.01 sball coostitute a waiver of his right to an administrative bear- ing and adjudication of the notice and order, or to any portion thereof. Scope of Heariug on Appeal Section 20-12.03 Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Staying of Order Under Appeal Section 20-12.04 Except for vacation orders made pursuant to Section 20- 11.02 enforcement of any notice and order of the Building Official issued under this Code shall be stayed during tbe pendency of an appeal therefrom wbich is properly and timely filed. ARTICLE XIII PROCEDURES FOR CONDUCT OF HEARING APPEALS General Section 20-13.01 (a) Hearing Exam- iners. The Board may appoint one or more heariug examiners or designate one or more of its members to serve as bearing examiners to conduct the bear- ings. The examiner bearing the case shall exercise all powers relating to the conduct of bearinga until it is submit- ted by bim to the Board for decision. (b) Record. A record of the entire pro- ceedings shall be made by tape rec- ording, or by any other means of permanent recording determined to be appropriate by the Board. (c) Reportiug. The proceedings at the hearing shall also be reported by a pbonographic reporter if requested by any party thereto. A transcript of tbe proceedings shall be made available to all parties upon request and upon pay- ment of the fee prescribed therefor. Such fees may be established by the Board. but shall in no event be greater than tbe cost involved. Regular Session, April 2, 1979 Regular Session, AprD 2, 1979 123 124 examiner, all subpoenas shall be obtained through the examiner. (e) Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evi- dence in his possession or uoder his control as required by any subpoena served upoo such person as provided for herein shall be guilty of a mIsde- meanor. Conduct of Hearing Section 20-13.04 (a) Rules. Hearings need uot be cooducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only 00 oath or affirma- tion. (c) Hcarsay Evidence. Hearsay evi- dence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itseif to support a finding uniess it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any com- mon law or statutory rnle wbicb migbt make improper the admission of sucb evidence over objection in civil actions in courts of competent jurisdiction in tbis state. (e) Exclusion of Evidence. Irrele- vant and unduly repetitious evidence sball be excluded. (f) Rigbts of Parties. Each party shall have these rights, among otbers: 1. To call and examine witnesses on any matter relevant to tbe issues of tbe hearing. 2. To introduce documentary and pbysical evidence; 3. To cross-examine opposing witnesses on any matter relevant to the issues of the bearing. 4. To impeacb any witness regardless of wbich party first called bim to testify; 5. To rebut the evidence against him; 6. To represent himself or to be repre- sented by anyone of bis choice who is lawfully permitted to do so. (g) Official Notioe. 1. What may b. noticed. In reaching a decision, official notice may be taken, either before or after submis- sion of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the Board or Departments and ordinances of the city or rules and regulations of the Board. 2. Parties to be notified. Parties present at the hearing sball be informed of the matters to be noticcd, and these matters shall be noted in tbe record, referred to tberein, or appended thereto. 3. Opportunity to refute. Parties present at tbe hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, tbe manner of such refu- tation to be determined by tbe Board or hearing examiner. 4. Inspection of the premises. The Board or the hearing examiner may inspect any building or premises involved in the appeal during the course of tbe bearing, provided that (i) notice of such inspection sball be given to the parties before the inspectioo is made, (ii) the parties are given an opportunity to be pres- ent during the inspection, and (iii) the Board or the bearing examiner shall state for the record npon com- pletion of tbe inspection the material facts observed and tbe conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so I stated by tbe Board or hearing examiner. Method and Form of Decision Section 20-13.05 (a) Hearing before Board Itself. Where a contested case is heard before the Board itself, no member thereof who did not hear the evidence or has not read tbe entire rec- ord of the proceedings shall vote on or take part in tbe decision. (b) Hearing before Examiner. If a contested case is heard by a hearing examiner alone. he shall within a rea- sonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to tbe Board. Sucb report sball contain a brief sum- mary of the evidence considered and state the examiner's findings, concln- sions and recommendations. The report aiso shall contain a proposed decision in such form tbat it may be adopted by the Board as its decision in the case. All examiner's reports filed witb tbe Board shall be matters of public record. A copy of eacb sucb report and proposed decision shall be mailed to each party on the date they are filed with tbe Board. (c) Consideration of Report by Board-Notice. The Board shall fix a time, date, and place to consider the, examiner's report and proposed deci- I sion. Notice tbereof shall be mailed to (d) Continuances. The Board may grant continuances for good cause shown; however, when a hearing exam- iner bas been assigned to such hearing, no continuances may be granted except by him for good cause showo so long as the matter remains before birn. (e) Oaths-Certification. In any pro- ceedings under this Chapter, tb.e Board, any board member, or the hearing examiuer bas tbe power to administer oatbs and affirmations and to certify to official acts. (f) Reasouable Dispatch. Tbe Board and its representatives shall proceed witb ressonable dispatch to conclude any matter before it. Dne regard shall be shown for tbe convenience and necessity of any parties or their repre- sentatives. ~::,;,¡~~N:~~¡3~~~~~~~g notice to I appellant shall be substantially in the' following form, but may inclnde other information: "You are bereby notified that a bear- ing will be held before (the Board or name of heariug examiner) at ---- on the ---- day of ------, 19- -, at the hour ----, upon the notice and order served npon you. You may be preseut at the bearing. You may be, but need not be, represented hy coun- sel. You may present any relevant evi- dence and will be given full opportunity to cross-examine all wit- nesses testifying against you. You may request the issuance of subpoenas to compel the attendance of wituesses and the production of books, docu- meuts or otber tbings by filing an affi- davit therefor with (Board or name of hearing examiner)". Subpoenas Section 20-13.03 (a) Filing of Affi- davit. The Board or examinor may obtain the issuance and service of a subpoena for the attendance of wit- nesses or tbe production of other evi- dence at a hearing upon the request of a member of the Board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit tberefor which states tbe name and address of the proposed wit- ness; specifies tbe exact things sought to be produced and the materiality thereof in detail to the issues involved; and states tbat the witness has the desired things in bis possession or under bis control. A subpoena need not be issued when the affidavit is defec- tive in any particular. (b) Cases Referred to Examiner. In cases wbere a hearing is referred to an each interested party not less than five days prior to tbe date fixed, unless it is otberwise stipulated by all of tbe par- ties. (d) Exceptious to Report. Not later than two days before tbe date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision togetber with written argument in support of such decision. By leave of tbe Board, any party may present oral argument to the Board. (e) Disposition by the Board. The Board may adopt or reject tbe pro- posed decision in its entirety, or may modify the proposed decision. (I) Proposed Decision Not Adopted. If the proposed' decision is not adopted as provided in subsection (e), the Board may decide the case upon tbe entire record before it, witb or without taking additional evidence; or may refer tbe case to tbe same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, he shall prepare a report and proposed decision as pro- vided in subsection (b) bereof after any additional evidence is submitted. Con- sideratioo of such proposed decision by the Board shall comply witb the provi- sions of tbis section. (g) Form of Decision. The decision sball be in writing and shall contain findings of fact, a determination of tbe issues presented, and tbe requirements to be complied with. A copy of the decision shall be delivered to tbe appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. (b) Effective Date of Decision. The effective date of tbe decision shall be as stated tberein. ARTICLE XIV ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS Compliance Section 20-14.01 (a) General. After any order of the Bnilding Official or the Housing Advisory and Appeals Board made pursuant to tbis Code shall have become final, no person to whom any sucb order is directed shall fail, oeglect, or refuse to obey any such order. Any such person who fails to comply witb any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of tbe Buildiug Official or Housing Advisory and Appeais Board made pursnant to this Code has 125 Regular Session, April 2, 1979 become final, the person to whom such order is directed sball fail, neglect or refuse to obey sucb order, the Building Official may (i) cause such person to be prosecuted under subsection (a) of tbis Section or (ii) institute any appro- priate action to abate sucb building as a public nuisance. (c) Failure to CommenceWork. Whenever tbe required repair or demo- lition is not commenced witbin 30 days after any final notice and order issued under this Code becomes effective: 1. The Building Official shall cause tbe buildiug described in such notice and order to be vacated by postiog at each entrance thereto a notice reading: NOTICE TO VACATE This -------- bas beeu declared to be substandard to tbe extent that it endangers life, limb, bealtb, property, or welfare of the public or occu- pants. After ------ DO NOT OCCUpy OR USE FOR Building Official City of Dubuque 2. No person shall occupy any building wbich has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. 3. The Building Official may, in addi- tloo to any remedy herein provided cause the building to be repaired to the extent necessary to correct the conditions wbich render the build- ing, dwelling unit or lot substan- dard as set forth in the notice and order; or, if the notice and order required demolition, to cause tbe building to be sold and demolished; or, to be demolished, and the materialB, rubble and debris tbere- from removed and the lot cleaned. Any such repair or demolition work sball be accom-plished and the cost tbereof paid and recovered in tbe manner hereinafter provided in this Code. Any surplus realized from the sale of any sucb building, or from the demolition thereof, over and above the cost of demolition and of cleaning tho lot shall be paid over to tbe person or persons lawfnlly entitled thereto. Extension of Time to Perform Work Section 20-14.02. Upon receipt of an application from the person required to conform to the order and an agreement by such person tbat he will comply with the order if allowed additional time, the Building Official may, in his discre- tlon, grant a reasooable extension of time, within which to complete said repair, rebabilitation, or demo- lition, if the Building Official deter- mines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Offi- cial's authority to extend time is limited to the physical repair, reha- bilitation, or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. luterference with Repair or Demo- litlon Work Prohibited Section 20-14.03. No person shall obstruct, impede or interfere witb any officer, employee, contractor or autborized representative of the city or witb any person wbo owns or holds any estate or interest in any building wbich has been ordered repaired, vacated or demo- lished under the provisions of this Code, or witb any person to whom such building has been lawfully sold pursuant to the provisions of tbis Code, wheuever such officer, employee, contractor or authorized representative of the city, person baving an interest or estate in such building or structure or purchaser is engaged in the work of repairing, vacating and repairing, or demol- ishing any sucb building pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or autborized or directed pur- suaut to this code. ARTICLE XV PERFORMANCE OF WORK OF REPAIR OR DEMOLITION General Seotion 20-15.01 (a) Procedure. When any work or repair or demolition. is to be done pursuant to Section 20- 14.01 (c) of this Code, the Building Official shall cause the work to be accomplished by city personnel or by private contract under the direction of tbe Building Official. Plans and specifi- cations therefor may be prepared by the Building Official, or he may employ such architectural and engin- eering assistance on cootract basis as he may deem reasonably necessary. . (b) Costs. The cost of such work shall be paid from tho Repair and Demoli- tion account out of the General Fund, 126 Regular Session, AprH 2,1979 or may be made a personal obligation of tbe property owner, whichever tbe City Council shall determine is appro- priate. Repair and Demolition Fund Section 20-15.02 (a) General. The City Council shall budget a special accoont to be desigoated as the Repair and Demolition account. Payments sball be made out of said account upon the demand of the Building Official to defray the costs and expenses which may be incurred by the city in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. (h) Maiutenance of Fund. All funds collected under the proceedings herein- after provided for, shall be paid to the City Treasurer wbo sball credit the same to tbe General Fund, line item account for refund of building repair and demolition. ARTICLE XVI RECOVERY OF COST OF REPAIR OR DEMOLITION Account of Expense, Filing of Report: Contents Sectiou 20-16.01. The Building Offi- cial sball keep an itemized account of the expense incurred by the city in tbe repair or demolition of any building done pursuant to the provisions of Sec- tion 20-14.01 of tbis Code. Upon the completion of the work of repair or demolition, said Building Official sball prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which tbe building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of Section 20-11.01. Report Trausmitted to Council - Set for Hearing. Scctiou 20-16.02. Upon receipt of said report, the City Clerk sball present it to the Council for consideration. The City Council shall fix s time, date aod place for heariug said report, and any protests or objections tbereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspa- per of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appesr on the last equalized assess- ment roll of tbe county, if sucb so appear, or as known to the Clerk. Such notice shall be given at least 10 days prior to the date set for hearing snd sball specify the day, hour, and place wben tbe Council will hesr and pass upon the Building Official's report, together with any objections or pro- tests wbich may be filed as hereinafter provided by any person interested in or affected by tbe proposed charge. Protest and Objections - Method Section 20-16.03 Any perso n interested in or affected by tbe pro- posed cbarge msy file written protests or objections witb tbe City Clerk st any time prior to tbe time set for tbe hearing on the report of tbe Building Official. Each such protest or objection must contain a description of the prop- erty in wbich tbe signer thereof is interested and the grounds of sucb protest or objection. The City Clerk shall endorse on every sucb protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing, and no otber protests or objections shall be consid- ered. Hearing of Protests Section 20-16.04. Upon the day and hour fixed for the hearing the City Cooucil sball hear and pass upon the report of tbe Building Official together witb any sucb objections or protests. The Council may make sucb revision, correction or modification in the report or tbe cbarge as it may deem just: and when the Council is satisfied with tbe correctness of the cbarge, the report (as submitted or as revised, corrected or modified) together witb the charge, sball be confirmed or rejected. Tbe decision of the City Council on the report and the cbarge, and on all pro- tests or objections, sball be final and conclusive. Personal Obligation or Assessment Section 20-16.05 (a) General. The City Council may tbereupon order that said charge shall be made a personal obligation of the property owuer or assess said cbarge against tbe property involved. (b) Persoual Obligation. If the City Council orders that the charge shall be a personal obligation of tbe property owner, it sball direct tbe City Attorney to collect tbe same on behalf of the city by use of all appropriate legal remedies. (c) Assessment. If the City Council orders that the charge shall be assessed against the property it sball confirm the assessment, cause tbe same to be recorded on the assessment roll, and thereafter said assessment sball consti- tute an assessment and a lien upon the property. Coutest Section 20-16.06. The validity of any assessment made under the provisions Regular Session, AprH 2, 1979 127 Regular Session, AprH 2, 1979 128 Section 20-16.11. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; aud shall be the subject to the same penalties and procednre and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicahle to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If tbe City Council has determined tbat tbe assessment shall be paid in installments, eacb instalhuent aud any interest tbereon shall be collected in the same mauner as ordinary munici- pal taxes in successive years. If any instalhuent is delinquent, the amount tbereof is subject to the same penal- ties and procedure for sale as provided for ordinary municipal taxes. Repayment of Repsir aud Demoli- tion Fund Section 20-16.12. All money reco- vered by payment of the charge or assessment or from tbe sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit tbe same to tbe General Fund, line item accouut for refunds for build- ing repair and demolition. APPENDIX "A" BUILDING CODE SECTION REFERENCES Application to Existing Buildings Section 104. (a) General. Buildings or structures to which additions, alteratiou, or repairs are made shall comply with all tbe requirements for new buildings or structures except as specifically provided in tbis Section. (b) Additions, Alterations and Repairs: More tban 50 Percent. When additions, alterations, or repairs within any 12-month period exceed 50 percent of the value of an existing building or structure, such building or structure shall be made to conform to the requiremeuta for uew buildings or structures. (c) Additions, Alteration and Repairs: 25 to 50 Pe.cent. Additions, alterations, and repairs exceediug 25 percent but not exceeding 50 percent of the value of au existing building or structure aud complying with the requirements for new buildiugs or structurea may be made to such build- ing or structure within any 12-month period without makiug the entire building or structure comply. Tbe uew constructiou shall conform to. the requirements of this Code for a new building of like area, heigbt, and occu- pancy. Such building or structure, including new a,lditions, shall not exceed the areas and heights specified in the Building Code. of tills Chapter shall not he contested in any action or proceeding unless the same is commeuced within 30 days after the assessment is placed upon the assessmeut roll as provided herein. Any appeal from final judgment in such action or proceeding must he perfected within 30 days after the entry of such I judgment. Autbority for Installment Payment of Assessments witb luterest Section 20-16.07. The City Counci~ in its discretion, may determine that assessmenta in amouuta of $500.00 or more sball be payable in not to exceed five equal annual installments. Tbe Council's determination to allow pay- ment of such assessmenta in install- ments, the number of installments, whetber they shall bear interest, and tbe rate tbereof shall be by a resolu- tion adopted prior to tbe confirmation of tbe assessment. Lien of Assessment Section 20-16.08 (a) Priority. Imme- diately upon ita beiug placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessmeuts sball be liens against the lots or parcels of land assessed, respectively. The lien sball be subordi- nate to all existing special assessment liens previonsly imposed upon the same property, and sball be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall con- tinue until tbe assessment and all interest due and sball bear interest at the rate of 7 perceut per annum from and after said date. Report to Assessor and Tax Collec- tor: Addition of Assessment to Tax Bill Section 20-16.09. After confmnation of tbe report, certified copies of the assessment sball be given to the City Assessor and the City Tax Collector, who shall add the amount of the assessment to tbe next regular tax bill levied against tbe parcel for municipal purposes. FiIiug Copy of Report witb County Auditor Section 20-18.10. If the County Assessor and the County Tax Collector assess property and collect taxes for the city, a certified copy of the assess- ment shall be filed with the County Auditor on or before August 10th. Tbe descriptions of the parcels reported shall be those used for the same par- ceis on the Couuty Assessor's map books for the current year. . Collections of Assessment: Penal- ties for Foreclosure (d) Additions, Alterutious and Repairs: 25 Percent or Less. Struc- tural additions, alterations, and repairs to any portion of an existing building or structure, witbin any l2-montb period. not exceeding 25 percent of the value of tbe bnilding or strncture sball comply with all of tbe requirements for new buildings or strnctures, except that minor strnctural additions, made with the same material of which tbe bnilding or strncture is constrncted. Sucb building or structure, including new additions, shall not exceed the areas and beigbts specified in the Building Code. (e) Nonstructural Alterations and Repairs: 25 Percent or Less. or repairs, not exceeding 25 percent of tbe value of an existing building or strnc- ture, wbich are nonstrnctural and do not affect any member or part of tbe building or structure baving required fire resistance, may be made witb tbe same materials of wbich the building or structure is constructed. Exception: Tbe installation or replacement of glass in I bazardous locations shall be required for new installations. (f) Repairs: Roof Covering. Not more than 25 percent of tbe roof covering of any building or structure shall be replaced in any 12-month period unless the new roof covering is made to conform to the requirements of this Code for new buildings or strnc- tures. (g) Existiug Occupuucy. Buildings in existence at the time of the passage of this Code may have tbeir existing use or occupancy continued, if such use or occupancy was legal at the time of the passage of this Code, provided such continued use is uot dangerons to life. Any change in the use or occupancy of any existing building or structure sball comply with the provisions of Sections 306 and 502 in the Building Code. (h) Maintenance. All buildings or strnctures both existing and new, and all parta thereof, shall be maiutained in a safe and sanitary condition. All devices or safegoards which are reqnired by tbis Code in a building or structure when erected, altered, or I repaired, shall be maintained in good working order. The owner or his desig- nated agent sball be responsible for the maintenance of buildings and struc- tures. (i) Uusufe Building Appendages. Parapet Walls, cornices, spires, towers, tanks, statuary and other appendages or strnctural members wbich are sup- ported by, attached to, or a part of a building and which are i n a deteriorated condition or are otherwise unable to sustain tbe design loads whicb are specified in this Code, are bereby designated as unsafe building appendages. All such unsafe building appendages are public nuisances and shall be abated in accordance with Section 203 of the Building Code. (j) Historic Buildiugs. Repairs, alterations and additions necessary for tbe preservation, restoration, rehabili- tation or continued use of a building or structure may be made without con- formance to all of the requirements of this Code, wben autborized by tbe Building Officisl provided: 1. The building or structure has been designated by official action of tbe legislative body as having special bistoricsl or arcbitectursl signifi- cauce. 2. Any unsafe conditions as described in Section 203 of the Building Code, will be corrected in accordance witb approved plans. 3. Auy substandard conditions will be corrected in accordance witb approved plans. 4. Tbe reatored building or structure will be less hazardous, based on life and fire risk, than tbe existing building. Seetion 303 Building Value or Val- uation The determination of value or valua- tion of buildings shall be determined by the current fair market value per square foot of a building as specified by tbe International Conference of Building Officials' Building Valuation Standards Data and the Dubuque Building Official. Section II Repeal of Couflicting Ordinances and Codes All Ordinauces and Codes, or parts tbereof conflicting or inconsistent with tbe provisions of this Ordinance or Code bereby adopted or any ordinance or code hereby adopted by reference, are bereby repealed but such repeal is to be witbout prejudice to any rights heretofore created, unless specifically referred to existing conditions; and without prejudice to any penalties now accrued or any prosecutions for past violations of any ordinance or code for wbicb prosecutions are now pending, or might have been brought and such rights, penalties or prosecutions are hereby expressly saved to the City of Dubuque, ür any other persons in ioterest. Section III Validity Tbe City Council of the City of Dubnque, Iowa, hereby declares that should any section, paragraph, sen- Regular Session, AprD 2, 1979 130 Regular Session, AprH 2, 1979 129 Council Member Tully moved tbat the communicatiou be received and filed. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of League of Women Voters objecting to rezoning on J.F.K. Rd., presented and read. Council Member Tully moved that the communication be received aud filcd. Seconded by Council Member Wertz- herger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Attorney Robert Bertsch represent- ing tbe property owners, H.R.W. Associates, addressed the Council ad- vising the tract of land is 18 acres in size. Requested rezoning from C-3 to G-6 ClaSsificatiou as plans consists of a department store as an anchor tenant: C-6 Classification is best and highest use for property and permits greater control of property by Staff and Coun- cil. Council adopted Resolution No. 360- 78 for widening of J.F.K. Road: Rezon- ing properties to the south have been approved. He stated the land had come into the City some 20 years agu and the new Zoning Ordinance removed a class- ification the property had eujoyed. Council asked for release of litigatinn sometime ago and property owners obliged. Of opiniou that PUD, C-6 is best classification. Yearly taxes would total approx. $50,000. Phase I would create 150 new jobs and Phase II, 200 jobs. Jobn Livesey of Madison, Wise., said tbe G-6 classificatiou or higber is the best use for area: Requested a favor- able vnte. Marc Karrmann of 2188 Keyway requested Counell follow recommenda- tion of City Staff and Planning & Zoning Commission and reject petition. Stephanie Hableu of 2176 Keyway Dr. felt tbe G-3 Classification is ade- quate; Different classification would deteriorate the area: Requesting to retain the C-3 Classification. Richard Pobanz of 2180 Keyway expressed concerns of Traffic Safety, Property Values, Environmental Decay and Debris. Dave Loring of 3877 Hillcrest was concerned about safety of children in area. Alfred Engling of 1788 Keyway re- quested Conncil to consider Welfare, Safety and Healtb of residents in area. Elaine Lagerstorm felt rezoning "",uld endanger existing business: City cannot support another sbopping center. Keu Kernen of 2116 Keyway was con- cerned about quality of life. Don Bries of 3500 Westway spoke to tbe Environmeutal hupact. Peter J. Takos advised tbere were no homes in tbe area prior to H.R.W. Associates: Traffic will come from east and nnrtb directions; Requesting to give full classification as downtown business. C. E. Smith of the West End Business Association, felt the project would eubance entire area: Create new jobs and new revenues. He endorsed the Project and requested favortism. Ed Rosenow of Dubuque Building Trades requested Council to grant H.R.W:s request and to grant the rezouing. Jobn Rodgers of 1720 Keyway stated be would rather have a decent mall than a grnup of shnps. Tim Rogers, 5831 N. Cascade, owner of property at 1940 J.F.K. Rd., re- quested a favorable vote for C-6 Zoning. Jeff Hansel of 2093 Carter Road expressed sympathy with people in the area but requested the rezouing; Ad- vised they bave proposed a IÚce shop- ping center and was willing to offer assistance with City Staff and residents in area. James Burke of Planning & Zoning Staff Advised they had come to judge- ßlent of cummulative effect: Overwork is proposed by J.F.K. Road: Do have control under C-3 Classification. Atty. Bertsch promised Staff that they would work with tbem: No traffic would be allowed on Keyway Side: Of opinion this is a rational and reasonable request. An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Apendix A there- of, also known as the "Zoning Ordinance and Zoning Map oftbe City of Dubuque, Iowa", by reclassifyiug property de- arribed as: Lot 1 of Lot 3, Lot 4, Lot 6, Lot 1 of Lot 6, Lot 2 of Lot 6 and Lot 1 of Lot 7, all in mock 21A in "Key Knolls Subdivision" and all of the right-of-way of Kennedy Circle, all in the City of Dubuque. Iowa" from C-3 Arterial Business Commercial District to C-6 Planned Commercial District, said Ordi- nance having been previously presented and read at the Council Meetiug of March 8, 1979, presented for final adoptiou. Council Member Tully moved fiual adoption oftbe Ordinance. Seconded by Mayor Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Farrell. MOTION FAILED DUE TO LACK OF 3/4 MAJORITY VOTE REQUIRED TO OVER-RULE PLANNING & ZONING COMMISSION'S RE- COMMENDATION FOR DENIAL. Proof of Pnblication, certified to by the publisber, of Notice of Pendency on Resolution of Necessity for public im- provemeuts and hearing npou proposed plans, etc.. for construction of Fire Station No.3 at 32ud & Central Ave., presented and read. Council Member Brady moved that the proof of publication be received and filed. Secouded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. No written objections were filed and no oral objectors were present at the time set for tbe public hearing. (Necessity for Improvement) RESOLUTION NO. 49-79 WHEREAS, proposed plans, specifi- cations, and form of contract have beeu duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of tbe City Clerk showing among other things the following: (1) The plan of such improvement (2) An estimate of the cost of the improvemeut for the 32nd & Central Fire Station #3. tence, or word of this Ordinance or of this Code hereby adopted or any code or ordinance adopted by reference, he declared for any reason to be invalid it is the intent of the City Council of the City of Dnbuque, Iowa, tbat it would have passed all other portions of this Ordinance or Code or of the ordinance or code herehy adopted independent of the elimination herefrom of any such portion as may be declared invalid. Section IV Date of Effect This Ordinance or Codc shall take effect and be in full force from and after its approval as required by law. Passed, approvcd and adopted this 2nd day of April, 1979. Isl Richard Wertzberger Mayor Isl Thomas A. Tully Jr. Isl Carolyn Farrcll Council Membe" ATTEST: Isl Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 23rd day of April 1979. 1t4/23 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the followiug vote: Yeas-Mayor Wertzberger, Council Members Farrell, Tully. Nays-Council Members Brady, King. Don Deicb addressed tbe Council and questioned the vote of Council Member Tully as having a couflict of interest. Attorney Russo was of the opinion tbere was no legal basis to challenge Council Member Tully's vote. BE IT THEREFORE RESOLVED tbat the City Council on its own motion, dsems it advisable and necessary for the public welfare to make the berein mentioned improvement, and uuless property owners at the time of the fiuaI cousideration of this proposed resolu- tion háve on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objectious thereto. Said improvement shall be construct- ed and doue in accordance with the plans and specifications which have been approved by the City Council and are uow on file with the City Clerk. That the cost and expense of making said improvement will be paid from Community Development Funds and other funds legally permissable. COUNCIL RECESSED AT 8:05 P.M. RECONVENED AT 8:18 P.M. Proof of Publication, certified to by the Pnblisher, of Notice of Pnblic Hearing to amend Appendix A of tbe Zoning Ordinance to reclassify Lot 1 of 3, Lot 4, Lot 5, Lot 1 of 6, Lot 2 of 6 and Lot 1 of7 all in Block 21A in Key Knolls Sub. and all of the right-of-way of Kennedy Circle, presented and read. Council Member Tully moved that the proof of publication be received and filed. Secouded hy Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger. Connell Memhers Brady, Farrell, King, Tully. Nays-None. Communicatiou of Mr. & Mrs. W. E. Gabbard indicating concern of damage to tbe surrounding residential area as to tbe possibility of a shopping center at tbe corner of JFK & Hillcrest Rd., preseuted and read. The above resolutiou was introduced, approved and ordered placed on file with the City Clerk this 8th day of March, 1979. 131 Regular Session, AprH 2, 1979 Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 2nd day of Arpil, 1979. Richard Wertzberger Mayor D. Micbacl King James E. Brady Carolyn Farrell Council Members ATTEST: LeoF. Frommelt City Clerk Council Member Brady moved final adoption of tbe Resolution. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-Noue. Abstain-Council Memher Tully. Proof of Pnblicatiou, certified to by tbe Pnblisher, of Notice of Hearing of receipt of bids for Plumbing Work, Heating, Ventilating and 1\k-Condition Work and Electrieal Work for construe- tiou of Fire Station No.3, presented and read. Council Member Brady moved that the proof of publication he received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of Durrant Architects submitting a list of successM bidders on the 32nd & Central Fire Station and recommending Westpbal Electric, Giese Sheet Metal Co. and Conrad Herr be assigned as sub-contractors, preseuted and read. Council Member Brady moved that the communicatiou be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of City Manager re- commending awarding contract to Westphal Electric Co. for electrieal work for the 32nd St. Fire Station, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Memher Farrell. Carried hy the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. (Awarding Contract) RESOLUTION NO. 68-79 WHEREAS, sealed proposals bave been submitted by contractors for tbe electical work fnr the 32nd Street Fire Station, pursuant to Resolution No. 50-79 and notice to bidders published in a uewspaper published in said City on March 13, 1979: and, WHEREAS, said sealed proposals were opened and read on Marcb 27, 1979, and it has been determined that the bid of Westphal Electric Company of Dubuque, Iowa in the amount of $20,220.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specification: uow there- fore, BE IT RESOLVED by the City Conncil of tbe City of Dubuque tbat the contract for the above mentioned improvement be awarded to Westphal Electric Company, after the total cost is known and a general contractor has been selected for the project, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Conncil Member Tully. Communication of City Manager re- commending awarding contract to Giese Sheet Metal Co. for heating, ventilating and air-condition work for the 32nd St. Fire Station, presented and read. Council Member Brady moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following rote: Regular Session, AprH 2, 1979 Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-Noue. Abstain-Council Member Tully. (Awarding Contract) RESOLUTION NO. 69-79 WHEREAS, sealed proposals have beeu submitted by contractors for the heating, ventilating and air couditiouing work on tbe 32ud Street Fire Station, pursuant to Resolution No. 50-79 and notice to bidders pnblished in a news- paper published in said City ou March 13,1979: and WHEREAS, said sealed proposals were opened and read on March 27, 1979, and it has been determined that the bid of Giese Sheet Metal Company of Dubuque, Iowa in the amount of $33,150.00 was tbe lowest bid for the furlÚsbing of all labor and materials and performing the work as provided for in the plans and specifications: now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Giese Sheet Metal Company, after the total cost is known. and a geueral contractor has been selected for the project. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the coutractors bond tbe City Treasurer is authorized and in- structed to return the bid deposits of the unsuccesful hidders. Passed and adopted this 2nd day of April, 1979. Richard Wertzherger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adoption of the Resolution. Seconded hy Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. 'Communication of City Manager re- commeuding awarding contract to Con- 132 rad Herr Plumbing & Heating for the plumbing work for the 32nd St. Fire Station, presented and read. Council Memher Brady moved that the commulÚcation be received and filed. Seconded hy Counell Member FarreD. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Membec Tully. (Awarding Contract) RESOLUTION NO. 70-79 WHEREAS, sealed proposals have been submitted hy contractors for the plumhing work for the 32nd Street Fire Statiou, 32nd & Central Avenue, Dubu- que, Iowa, pursuant to Resolution No. 60-79 and notice to bidders published in a uewspaper publisbed in said City on March 13, 1979: and WHEREAS, said sealed proposals were opened and read on March 27, 1979, and it has been determined that the bid of Conrad Herr Plumbing & Heating of Dubuque, Iowa in the amount of $29,668.00 was the lowest bid for the furlÚsbing of all labor and materials and performing the work as provided for in the plans and specifica- tions: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Courad Herr Plumbing and Heating Company, after the total cost is known and a general contractor has been selected for the project, and tbe Manager be and he is hereby directed to execote a contract on behalf of tbe City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upou the sigrrlng of said contract and the approval of the contractors boud tbe City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor D. Miehael King James E. Brady Carulyu Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adoption of the Resolution. Seconded 133 Regular Session, AprH 2, 1979 by Council Member Farrell. Carried by tbe following vote: Yeas~Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Proof of Publication, certified to by the Publisher, of Notice of Vacation and Time and Place of Hearing to dispose of interest in real estate, presented and read. Dock Commissioner Wm. Conzett spoke to the Council relative to the vacation and sale of real estate. He stated this was not part of negotiation with Kehl, etc.: Proposals did not come before Dock Commission: Ratber than deed property to llistorical Society, tbey recommend to put it on lease for the present time. Advised sale to Newt Marine is unwise: Newt's have use of it any. Snggested to grant easement to Historical Society and retain ownership in street. Council Member Tully moved that tbe proof of publication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE vacating a portion of Third Street abutting Lot 3 and Lot 1 of the Subdivision of Lots 1 thru 21 in Block E and Lots 1 thru 14 in Block D, all in Booths Addition: also vacated Market Street, all in tbe City of Dubuque, Iowa, said Ordinance having been previously presented and read at the Council Meeting of March 19, 1979, presented for final adoption. Council Member Tully moved that tbe Ordinance be referred to the Dock Commission. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 71-79 Authorizing Publication of Notice of Environmental Review Findings for Certain Couununity Development Block Grant Projects. WHEREAS, the City of Dubuque has entered into Grant Agreement B-78- MC-19-0004 with the U.S. Department of Housing and Urban Developmeut, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974: and WHEREAS, pursnant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental re- view has been processed for the project hereinafter to be described to be financed witb Community Development Block Grant Funds; and WHEREAS, an ad hoc Environ- mental Review Committee hàs after due consideration made a determination that the project is not a major Federal action significantly affecting the quality of the human environment; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Oity cœrk be a:nd he is hereby œuthrYrized a:nd dJ.rected to publish a Notice of Finding of No Significant Effect on the Environment for the joUowing identified project, a:nd to make the Envirrmmentol Review Record for said project available for public inspection. Sv£h 7Wtice shall be in the form of Exhibit "A" oJtO£hed hereto a:nd mmle a part hereof. Removal of Architectural Barriers (Tri-State Blind Society) Section 2. That the Oity of Dubuque hereby declares its intent to adopt a resolution oJ its meeting of April 2, 1979, authorizing the submission of a request to the U.S. Depa:rtment of Hoomng a:nd Commwnity Development to nndertoke the project. Passed, approved and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk EXlDBIT .. A" PUBlJC NOTICE Pursuant to tbe euvironmeutal pro- cedures for the Community Develop- ment Block Grant Program, tbe City of Dubuque has prepared a Notice of Finding of No Siguificant Effect on the Environment for tbe Project identified as follows to be undertaken under Title I of the Housing and Community Development Act of 1974. Removal of Architectural Barriers (Tri-State Blind Society) The City of Duhuque has found that this Project has no significant effect on tbe environment based on the following facts and reasons: Regular Session, AprD 2, 1979 134 1. Assessment of the nature, magni- tude, and duration of any adverse and positive ÙDpactS. 2. Consideration of alternatives to the Project, commitment of resources, known views of local groups, measures which can be instituted to lessen potential adverse impacts and to enhance the environment. 3. No loss of nniqne environmental resources. 4. No irreversihle development trends. 5. A minimum occurrence of adverse effects that cannot be avoided: and 6. No impacts ou. properties posses- sing historical, archaeological architectural or cultural signi- ficance. The City of Duhuque bas made an En- vironmental Review Record for this Project, and bas placed this record on file in the office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa. This enviroumental record is availahle for examination and may he copied between 8:00 a.m. and 5:00 p.m. daily except Saturdays, Sun- I days and holidays. No farther environmeutal review of the Project is proposed to be condncted, and the City of Duhuque intends to request the U.S. Department of Hous- ing and Urban Development to release funds authorized by the Housing and Community Development Act of 1974 for the Project. Comments may be submitted to the City of Dubuque until 12:00 Noon, Friday, April 20, 1979, addressed to Richard P. Wertzborger, Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and published April 3, 1979. Leo F. Frommelt, City Clerk Council Member Farrell moved adoption of tbe Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. RESOLUTION NO. 72-79 . Authorizing. Submission of a Request for Release of Funds for Certain Com- mulÚty Development mock Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con- vened an ad hoc committee on July 14, 1976, and completed an Environmental Assessment of the following indentified proposal (project) with Community Development Block Grimd funds: and Miscellaneous Public improvements including Street, Alley, Curb Repair and Replacement WHEREAS, pursuant' to Resolution No. 246-76 adopted July 19, 1976, Puhlic Notice of a "Finding of No Significant Effect on the Environment" for the proposal (project) was published July 20, 1976, in the Dubuque Tele- grapb Herald, a newspaper of general circulation, and provided for a public commeut period until 12:00 Noon, Mon- day, August 16, 1976: and WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program con- vened an ad hoc committee on March 4, 1976, and completed an Environmental Assessment of the following proposal (project) with Community Developmeut Block Grant funds; and Removal of Architectural Barriers which impede the mobility of the elderly and handicapped WHEREAS, pursuant to Resolution No. 182-76 adopted May 24, 1976, Public Notice of a "Finding of No Significant Effect on the Environment" for tbe proposal (project) was pnblished May 25, 1976, in the Dubuque Tele- grapb Herald, a newspaper of geueral circulation, and provided for a public comment period until 12:00 Noon, Wednesday, June 18, 1976; and WHEREAS, the City of Dubnque in conformance with the Environmental Review Procedures for the Community Development Block Grant Program cou- vened an ad hoc committee on June 23, 1976, and completed an Environmental Assessment of the following proposals (projects) with Community Develop- ment Block Grant funds: and Rehabilitation Loan & Grant Pro- gram in Community Development Project Areas Emergency Home Repair in Com- munity Developmeut Project Areas Tool Lending Library sponsored by Washington Tool Library, Inc., a uon- profit corporation Acquisition/He habilitation /Demoli - tion Projects Relocation WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976. Public Notice of a "Thtding of No Significant 135 Regular Session, AprD 2, 1979 Effect on the Environment" for the proposals (projects) was published July 7, 1976, in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976: and WHEREAS, tbe City of Dubuque in conformance with the Environmental Review Procednres for tbe Community Development Block Grant Program con- vened an ad hoc committee on June 12, 1978, and completed an Environmental Assessment of the following proposal (project) with Community Developmeut Block Grant funds; and Code Enforcement WHEREAS, pursuant to Resolution No. 210-78 adopted June 19, 1978, Pnblic Notice of a "Finding of No Siguiflcant Effect on the Environment" for the proposal (project) was published June 20, 1978, in the Dubuque Tele- graph Herald, a newspaper of geueral circulation, and provided for a public comment period until 12:00 Noon, Fri- day, July 7,1978. WHEREAS, Pnblic Notice a "Finding of No Significant Effect on tbe Euviron- ment" for the proposals (projects) was sent by regular mail in various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Pnblic Notice; and WHEREAS, any and all objections, if any, to sucb proposais have been duly considered; and WHEREAS, it is the intent of tbe City Council to autborize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds under tbe said Act to carry out the above identified pro- jects: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectinu 1. That the JiJnvironmental Review Recm-d f<YT' eO£h of the proposals (projects) shall cantinue to remoin an file in the Office of the Oity Clerk, where soid records may be examined and copied by any interested party. Sectinn 2. That the May~ of the Oity of Dubuque is hereby autlwrized o:nd directed to submit to the u.S. Deport- ment of Huusing o:nd Urban Develop- ment five (5) days after receipt frwn HUD of approved application f<YT' FY 1979 Block Grant Funds, a request f~ release of funds to undertoke the soid projects. Section 3. That the May<YT' of the Oity of Dubuque is hereby autharized. to consent to assume the status of a respansible Federal official under the Nati<mol JiJnvironmental ProtectÙm Act, .. ."'---'JAct of re- spansilÌilities f~ review: decisian- making, o:nd O£tian assumed and carried out by the Oity of Dubuque as to en- vironmenial issues. Sectiou 4. That the May<YT' of the City of Dubuque is hereby autharized to consent perscmoJly, in his official cll]JO£Ìty o:nd on behalf of the Oity of Dubuque, to O£cept the jurisdiction of the FederoJ. courts if an O£tion is brought to er¡J<YT'Ce responsibilities in relo1ion to envir<mmental reviews, de- cision-moking and O£tion. Section 5. T/wJ; the May<YT' of the Oity of Dubuque be o:nd he is hereby o:utlwrized o:nd directed to execute a certification pertaining to the environ- mental review procedures. Section 6. T/wJ; the Oity Clerk be and he is hereby autharized o:nd directed to publish a ¡mhlic notice f<YT' a Request f<YT' Release of Funds o:nd Certifi.catian in the fcmn of Exhibit ':,4" attll£hed hereto and made a part hereof Passed, approved and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk PUBLIC NOTICE Pursnant to the Environmental Re- view Procedures for the Community Development Block Grant Pcogram, tbe City of Dubuque intends to file a request five (5) days after receipt from HUD of approved application for FY 1979 Block Grant Funds. 1 Miscellaneous Pnblic Improve- ments including Street, Alley, Curb Repan- 2 - Removal of Architectural Barriers which impede the mohility nf the elderly and handicapped 3 - Rehabilitation Loan & Grant Pco- gram in Community Development Pcoject Areas 4 - Emergency Home Repan- in Com- munity Development Project Areas Regular Session, AprD 2, 1979 5 - Tool Lending Library sponsored by Washington Tool Library, Inc., a nouprofit corporation 6 - Acquisition/Rehabilitation/Demo- lition Projects 7 - Relocation 8 - Code Enforcement The City of Dubuque has made an Environmeutal Review Record for the projects, and has piaced these records on file in the Office of the City Clerk in City Hall, 13th and Central Avenue, Dubuque, Iowa, where said records may be examined and copied between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday until 5:00 p.m. on the 30th day of June, 1979. The name of the applicant is the City of Dubuque, Iowa, and the Chief Eaecntive Officer of the applicant is Mayor Richard P. Wertzberger. The mailing address for both the applicant and the Chief Executive Officer is City Hall, 13th and Central Avenue, Dubu- que, Iowa. The City of Dubuque will undertake tbe projects described above with Block Grant Fnnds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974. The City of Dubuqne is Certifying to HUD that the City of Dubuque and I Richard P. Wertzberger, in his official capacity as Mayor, consent to accept the jnrisdiction of Federal Courts if an action is brought to enforce responsi- bilities in relation to environmental reviews, decision-making, and action; and that these respousibilities have been satisfied. The legal effect of the certification is tbat upon its approval, the City of Dubuqne may use tbe Block Grant Funds and HUD will have satisfied its respousibilities under the National Environmental Policy Aet of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certification was not in fact executed by the Cbief Eaecutive offieer or other officer of applicant approved by HUD: or (b) That applicant's environ- mental review record for the project indicates omission of a reqnired decision finding, or step applicable to tbe project in the enviromneutal review process. Objectious must be prepared and sub- mitted in accordance with the reqnired procednre (24 cfr Part 58), and may be addressed to HUD at the Omaha Area Office, 7100 West Center lWad, Omaha, Nehraska 68106. Objections to the release of funds ou bases other than those stated above will uot be con- sidered by HUD. No objection received 136 after the 30th day of June, 1979, will be considered by HUD. Comments may be submitted to the City of Dubuque until 12:00 Noon, Friday, April 20, 1979, addressed to Richard P. Wertzberger, Mayor of the City of Dubuque, City Hall, 13th and Central Streets, Dubuque, Iowa 52001. Dated and published April 3, 1979. Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King. Nays-Noue. Abstain-Council Memher Tully. Communication of Attorney Michael J. Melloy, as representative of Hillcrest Associates, requesting a meeting with the City Council and City Staff to discuss proposal to the closing of Hillcrest (South) at the intersectiou of Hillcrest and J.F.K. Rd., presented and read. Council Member Tully moved that the communication be referred to Council, Engineering Department and Pnblic Works Director. Seconded by Council Member FarreD. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Petitiou of Dubnque Fine Arts Society hoping the Council will set aside $3,000. as an incentive match to give momentun to their fund raising effortz, presented and read. David IWberts of 2050 Decorab for Dubuque Fine Arts Society spoke to the petition. Council Member Tully moved tbat the petition be received and filed and referred to Couneil. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Recreation Director re- questing permission to address the Council relative to the budget cut from their Petrakis Park Fund allocation, presented and read. Council Member Tully moved that the petition be referred to the Council. Secouded by Couneil Memher Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-Noue. 137 Regular Session, AprH 2, 1979 ORDINANCE NO. 21-7q An Ordinance of the City of Dubuque, Iowa providing that the Code nf Ordi- nances, City of Dohuque, Iowa he amended by ødding a new subsection (d) to Section 25-257 of said Code to prohibit the parking of vehicles at any thne upon tbose streets of portion of streets designated, presented and read. Council Member Tully moved that the reading just had be considered the first reading of tbe Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the rule reqniring an Ordinance to be received and filed at two meetings prior to the meeting wben fiual action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 21-79 An Ordinance of the City of Dohuque, Iowa providing that the Code of Ordin- ances, City of Dubuque" Iowa be amended by ødding a new subsection (d) to Section 25-257 of said oode to prolu'bit the parking of vehicles at any thne upon those streets or portion of streets hereinafter designated. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 'I'ha1 the Code of Ordi- """""8 olthe Oity of Dubuque, IIYWU. be œrrwrukd by odding a new Subsection (d)to Section 25-257 to read asfolIJJws: "Sec. 25-257, (d) When sigus are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: A. The following streets or portions are designated as no parking zones: 1. Air Hill Street on the west side from UlÚversity Avenue to Eighth Avenue. 2. Alguna Street on both sides from UlÚversity Avenue to Beunett Street and on the West side of Alguna Street from University Avenue to Loras Boule- vard. 3. Alpine Street on the west side from West Fifth Street to Uuiversity Ave- nue. 4. Althauser Street on the west side from Merz Street to Eagle Street. 5. Angella Street on the west side from West Locust to a point abutting 503 Angella Street. 6. Arlington Street on the south side from Grove Terrace to Prairie Street. 7. Asbury Road on the north side from St. Ambrose Street to Bunker Hill Drive and on the north side from Clarke Drive to Woodlawn Street and both sides from John F. Kennedy Road to the Westerly City Limits. 8. Avon Street on the south side. 9. Bennett Street on the south side from Grandview Avenue to McCormick Street. 10. Bluff Street on both sides from Dodge Street to Jones Street and the west side from Jones Street to West First Street and the east side from West Seventh Street to West Ninth Street and both sides from West Ninth Street to West Tenth Street. 11. Booth Street on the east side from UlÚversity Avenue to West Fifth Street. 12. Broadway Street on the north side from Diagonal Street to Putnam Street. 13. Burch Street on the west side from Hill Street to West Third Street. 14. CaledolÚa Street on the east side from Hill Street to Eighth Avenue. 15. Campus Lane both sides from Auburn Street to Algona Street. 16. Catberine Street, tbe west side, from West Sixteenth Street to West Seveuteenth Street. 17. Ceutral Avenue on the west side from West Fourth Street to West Third Street. 18. Clarke Drive on the north side from Heeb Street to the east property line of 1799 Clarke Drive. 19. College Street on the west side from Allison Street to West Fifth Street. 20. Cornell Street on both sides from the north line of Loras Boulevard northerly for a distance of One Hun- dred Seventy (170) feet. 21. Cox Street on tbe west side from Kirkwood Street to Loras Boulevard. 22. Davis Street on the north side from Windsor Avneue to Sheridan Road and on both sides of Davis Avenue frnm a point six hundred thirty (630) feet east of Windsor Avenue to the entrance of Mount Calvary Cemetery. 23. Delhi Street on the south side from Allison Street to Grandview Avenue. 24. Dodge Street on both sides from Locust Street to the westerly City limits and on the south side of Dodge Street from South Main Street to Locust Street. 25. Edina Street on tbe south side from Alta Vista Street to the alley immedi- ately west thereof. 26. Edisou Street on the south side from Stafford Avenue to Althauser Street. 27. Elm Street on the east side from Regular Session, AprD 2, 1979 East Nineteenth Street to East Twen- tieth Street and on the west side from East Twentieth Street to East Tweuty- Sixth Strcet. 28. East Twelfth Street on both sides from Central Avenue to White Street and on the south side of East Twelfth Street from Jackaon Street to Elm Street. 29. East Fourteenth Street on both sides from White Street to Central Avenue and on the north side from Jackson Street to White Street. 30. East Fifteeuth Street on both sides from Sycamore Street to a point lÚne bundred fifty (950) feet east of Syca- more Street. 31. East Sixteenth Street on the north side from Elm Street to Pine Street and on the north side from Maple Street to Sycamore Street and both sides from Sycamore Street to Kerper Boulevard. 32. East .Twentieth Street on both sides from Central Aveuue to Jackson Street and on the south side from Jackaon Street to WashiÍigton Street and both sides from Wasbington Street to Elm Street. :fde~-:'~ë;':¡;:!r~v~:::tto°;t~~ I Street and on the south side from Jackson Street to the Chicago Great Western right-of-way. 34. East Twenty-Second Street on the south side from Windsor Avenue to Stafford Street and on the north side from Jackaou Street to Central Avenue. 35. East Twenty-Fourth Street on the south side from Central Avenue to Washington Street. 36. East Thirtieth Street on the north side from Central Avenue to a point three hundred thirty-four (384) feet east of Jackson Street. 37. Farley Street on the west side from Rhomberg Avenue to High Bluff Street and on the east side from Rhomberg Avenue to Garfield Avenue. 38. Foye Street on the east side from West Locust Street to Napier Street. 39. Grace Street on the north side from McCormick Street to North Grandview Avenue. 40. Grove Terrace on the east side from West Eleventh Street to Arlington Street. 41. Hawthorne Street on the north side from .Rhomberg Avenue to Kerper I Boulevard. 42. Heuion Street on the west side from Loras Boulevard to Helena Place. 43. Highland Place on the east side from West Eleventh Street to Arlington Street. 44. Hill Street on the east side from Dodge Street to West Third Street. 45. Hillcrest Road on the south side 138 from Asbury Road to Avalon Road and from John F. Kennedy Road to St. John Drive. 46. Iowa Street on the west side from First Street to Second Street and on the east side from Fourth Street to Tenth Street. 47. Irving Street on the west side from University Avenue to Decorah Street. 48. Jackson Street on both sides from East Eighth to a point oue hundred forty (140) feet south of East Eleventh Street. 49. Jefferson Street on the south side from Walnut Street to Olive Street. 50. John F. Kennedy Road both sides from UlÚversity Avenue to West Thirty-second Street. 51. Jones Street on the north Side from Water Street to the llIinois Central Railroad right-of-way. 52. Kane Street on the north side from Ken Court to Carter Road. 53. Kaufmann Avenue ou the south side from Central Avenue to Francis Street and on the uorth side from Francis Street to Valeria Street. 54. Kerper Boulevard both sides from Pine Street to Hawthorne Street. 55. Lawndale Street on the east side from Park Street to the northerly terminus of Lawndale Street. 56. Lincoln Avenue on the south side from the Chicago Great Western right- of-way to Kuiest Street. 57. Locust Street on both sides from West Secoud Street to West Third Street and on the east side from West Fourth Street to West Eighth Street and both sides from West Eighth Street to West Ninth Street. 56. Loras Boulevard both sides from Central Avenue to Bluff Street and on the north side from HelÚon to Prairie Street and on both sides from Prairie Street to Walnut Street and the uorth side from Walnut Street to Alta Vista Street. 59. Madison Hill on the east side from West Seventeenth Street to Clarke Drive. 60. Main Street on the west side from West Fourth Street to West Fifth Street and on the west side from West Ninth Street to West Teuth Street. 61. McCormick Street on the west side from Fiuley Street to UlÚversity Avenue. 62. Merz Street on tbe south side from Wmdsor Avenue to AIthauser Street. 63. Montrose Terrace on both sides from Loras Boulevard to a point one hundred seventy (170) feet uorth of Loras Boulevard. 64. Mount Loretta Street on the north side from Valley Street to Bryant Street. -, - Regular Session, April 2,1979 139 Regular Session, AprD 2, 1979 140 vania Avenue and on both sides from Pennsylvania Avenue to Loras Boule- vard and on the south side from Loras BoIÙevard to a point one hundred two (1021 feet east of Auburn Street. 88. Vernon Street on tbe nortb side from Alta Vista Street to the alley immediately west thereof. 89. Wacker Drive both sides from John F. Kennedy Road to Dodge Street. 90. Wainut Street on the east side from UlÚversity Aveuue to Loras BoIÙevard. 91. Wartburg Place on both sides from Fremont Avenue to the entrance to Wartburg Seminary Auditorium and on the east side from the entrance to Wartburg Seminary Auditorium to 885 Wartburg Place to the entrance to Sunset Ridge. 92. Washington Street on the west side from East Twentietb Street to East Twenty-fifth Street. 93. West First Street both sides from Iowa Street to Main Street and the north side from Locust Street to Bluff Street. ' 94. West Sccoud Street botb sides from Bluff Street to tbe alley immediately east thereof. 95. West Third Street on tbe north side from Central Avenue to Iowa Street and on the south side from Burch Street to a point one bnndred (100) feet west of Bluff Street and both sides from a point one hundred (1001 feet west of Bluff Street to Bluff Street. 96. West Fourth Street on the north side from Central Avenue to Iowa Street and the soutb side from Locust Street to Bluff Street. 97. West Fifth Street on the soutb side from Bluff Street to Hill Street and on the uorth side from a point one hundred ninety two (192) feet west of Bluff Street to Prospect Street. 93. West Eightb Street both sides from a point one hundred forty six (146) feet west of the west property line of Uuiversity Avenue to a point two hundred six (206) feet west of the west property line of University Avenue and on the nortb side from Wilson Aveuue to Roberts Avenue and both sides from Locust Street to the alley immediately east thereof and both sides from Iowa Street to tbe alley immediately west thereof and ou the south side from Central Avenue to tbe alley immedi- ately west tbereof. 99. West Ninth Street on both sides from University Avenue to Bluff Street and on the north side from Bluff Street to Locust Street and on the south side from Locust Street and on the south side from Locust Street to Main Street and both sides from Iowa Street to Central Avenue. 65. Nevada Street on the east side from University Avenue to Martha Street. 66. North Grandview Avenue on the north side from Audubon Street to Clarke Drive and on tbe west side from Clarke Drive to West Thirty-second Street. 67. Nowata Street on tbe west side from Loras BoIÙevard to UlÚversity Avenue. 68. O'Hagen Street on the east side from Mineral Street to University Avenue. 69. Piekett Street on tbe south side from Cornell Street to HelÚon Street. 70. Pinard Street on tbe west side from East Twenty-ninth Street to the north- erly terminus of Pinard Street. 71. Pennsylvania Avenue ou tbe north side from University Avenue tn Johu F. Kennedy Road and botb sides from John F. Keuuedy Road to the westerly city limits. 72. Prairie Street ou the east side from Loras Boulevard to West Eleventh Street. 73. Putnam Street on the south side from Broadway Street to Muscatine Street. 74. Race Street on the west side from West Eleventb Street to Rose Street. 75. Rhomberg Avenue on the south- easterly side from Elm Street to Kniest Street. 76. Rockdale Road on the east side from Mar Jo Road to Fox Drive. 77. Saint Mary's Street on the east side from Eonnett Street to West Third Street. 78. Saunders Street on the northwest side one hundred (100) feet soutbwest from Lemon Street. 79. South Hill Street on the west and north side from South Grandview Ave- nue to Dodge Street. 80. South Locust on the east side from Railroad Avenue to Dodge Street and on the west side from Dodge Street to a point three hundred eighty (880) feet south of Dodge Street. S1. Summit b'treet on the west side from West third Street to West Fifth Street. 82. Sumner Street on the east side from Lincoln Avenue to Rbomberg Avenue. 83. Sycamore Street both sides from East Fourteenth Street to East Six- teentb Street. 84. Theisen Street on tbe south side from Jenni Street to Stetmore Street. 85. Thomas Place both sides from Stafford Street to Ascension Street. 66. Ungs Street on the north side from Clarke Drive to Hoyt Street. 87. University Avenue on tbe soutb side from Gilliam Street to Pennsyl- 100. West Tenth Street on tbe south side from Central Avenue to Iowa Street and both sides from Locust Street to Bluff Street. 101. West Eleventh Street on the soutb side from Prairie Street to Race Street. 102. West Twelfth Street on the south and west side from Bluff Street to Grove Terrace and ou the south side from Central Avenue to Iowa Strcet. 103. West Sixteenth Street on the soutb side from Montrose Terrace to Catherine Street. 104. West Seventeenth Street on the north side from West Locnst Street to Clark Street. 105. West Twenty-third Street on the south side from Central Avenue to Valeria Street. 106. West Twenty-fourth Street on the north side from Central Avenue to Broadway Street. 107. West Thirty-second Street on the south side from Central Avenue to a point one hundred (100) feet west of Lemon Street. 108. White Street on the west side from tbe north property line of East Fourth Street to a point thirty-seven (37) feet north thereof. 109. Wilhur Lane on the south side from Alice Street to Grove Terrace. 110. Wilson Avenue on the west side from West Eigbth Street to West Eleveuth Street. 111. Wooten Street on the soutb side from Hill Street to McClain Street and on tbe north side from McClain Street to a point one hundred sixty-five (165) feet east thereof." Section 2. That all ordirw:n.ces or pa:rts of ordirw:n.ces in conflict with this ordirw:n.ce be œnd they ore hereby repeakd. Passed, approved and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 22-79 An Ordinance of the City of Dubuque, Iowa, providing that the Code of Ordinances, City of Dubuque, Iowa, he amended by adding a new subsection 28 to Section B of Section 25-210 thereof, providing that northbound ønd soutb. bound vehicles on Farley Street must stop before eutering the Intersection of Lincoln Avenue, presented ønd read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farreil. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreli, King, Tully. Nays-Noue. Council Member Tully moved that the rule reqniring an Ordinance to he received and filed at two meetings prior to the Meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO, 22-79 An Ordinance of the City of Dohuque, Iowa, providing that the Code of Ordinances, City of Dohuque, Iowa, be amended by adding a new subsection 28 to Section H of Sectiou 25-210 thereof, providing that northbound ønd south. bound vehicles on Farley Street must stop before entering the Intersection of Lincoln Avenue. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 1'hoi the Code of Ordin- ances of the Oity of Dubuque, Iowa be arrumÙR.d byadJiing a new Subsection 28 to Section B of Section 25-210 thereof to read Oß folÞYws: Scetiou 25-210. (H) Those intersections designated are bereby declared to he 'STOP INTERSECTIONS' for all purposes of this section. B. Northbound and southbound vebicles must stop before entering the intersection of: 28. Lincoln Avenue and Farley Street:' Section 2. 1'hoi all ordirw:n.ces or pa:rts of ordinn:nces in conflict with this ordirw:n.ce be œnd they are hereby repeakd. ATTEST: Leo F. Frommelt City Clerk Poblished officially in the Telegraph Herald Newspaper this 6th day of April 1979. Leo F. Frommelt City Clerk It 4/6 Council Member Tully moved final adoption of tbe Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Regular Session, AprD 2, 1979 141 Regular Session, April 2, 1979 142 Council Member Tully moved that tbe rule reqniring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed witb. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 23-79 An Ordinance amending the Code of Ordinances nf the City 01 Dubuque, Iowa, by repealiog Division 5 of Article III of (,'hapter 2 thereof and enacting a new Division 5 of Article III nfCbapter 2 in lieu thereof to establish a Legal Department in and fnr the City of Dohuque, Iowa, and to provide for the appointment of Corporation Counsel and Uty !SoUcitor and Assistant Attorneys ønd prescrihe the duties of each re- spectively NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- """"es of the City of Dubuq11£, Iowa be amended by repealing Division 5 of ARTICLE III of Chapter 2 and ena£ting a new Division 5 of ARTICLE III of Chapter 2 in lieu thereof.. fol1ÆJws: "Cbapter 2. ARTICLE III. OFFICERS AND EMPLOYEES. DIVISION 5. LEGAL DEPART- MENT. SectIon 2-141. Legal Department. There Is hereby created and estab- lished the Legal Department of the City of Dubuque. The city councll shall appoint a Corporation Counsel who shall be the chief legal officer and whose duties shall be as provided in this division and by the laws of this State. Corporation Counsel sball have all of the powers and duties conferred by the laws of tbis State upon a city attorney. Section 2.142, Corporation Counsel. Powers and duties generally: Corporation Counsel sball be in cbarge of the legal department and sball have the following powers and duties: (1) Corporation Counsel shall attend every regular meeting of the City Council and atteud tbose special meet- ings of the city council at which he or she shall be reqnired to be present: (2) Corporation Counsel sball, upon request of the city council, formulate drafts for contracts, forms and other writings which may be reqnired for use of tbe city; (3) Corporatiou Counsel sball keep in proper files a record 01 all official opinions and a docket or register of all actions prosecuted and defended by the Passed, approved and adopted this 2nddayofApril,1979. Ricbard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members legal department accompanied by all proceedings relating to such actions; (4) Corporation Counsel, shall upon request, give an opilÚon in writing upon all questions of law relating to municipal matters submitted to tbe legal depart- ment by tbe city council, the mayor, members of the city council indivi- dually, municipal boards or the head of any municipal department; shall make a written report to the city councll and interested department heads of the defects in all contracts, documents, authorized power of any city officer, and ordinances submitted to or coming to the attention of tbe legal department: and shall, after due examination, offer a written opinion on and recommend alterations pertaining to contracts in- volving the city before they become binding upon the city or are published. I (5) Corporation Counsel shall prepare those ordinances which the city councll may desire and direct to be prepared and report to the city council upon all ordinances before their final passage and publication. Corporation Counsel shall he re- sponsible for the overall supervision of tbe legal department and shall, with the approval of the city council, appoint such assistant city attorneys as may be necessary to the performance of his duties. Sec.2-143. City Solicitor. The City council shall appoint a City Solicitor to assist the Corporation Coun- sel in the performance of his duties, and s:rld appointment shall be made upon the nomination and recommendation of Corporation Counsel. The City Solicitor shall appear as attorney for tbe city in all matters affecting the City's interests before any court, tribunal, commission or board and shall prosecute and defend all civil actions and proceedings, except as the Corporation Counsel may otherwise direct. Upon the direction of the city councll and uniess the Corporation Counsel reqlires otherwise, the City Solicitor sball appear and defend any municipal officer or employee against claims aris- ing out of or in the course of the performance of his or her duties or employment. Corporation Counselor the City Solicitor shall sign the name of the city to all appeal bonds or papers of any kind that may be essential to any slit or appeal and when so sigued the city shall be bound tbereby. Sec. 2-144. Adjustment of Claims. Corporation Counsel sball bave the power to adjust claims filed or litiga- tion pending against the city, and to settle the same in the name of the city, with tbe approval of the council. He sball also have authority to draw orders upon the treasury for the payment of witness fees, court costs, and other expenses incidental to litigation, in which he appears as city solicitor, which orders shall be in writing and shall state the name of the payee, the name of the action, and the purpose for which the money is paid, which orders wben countersigned hy the auditor shall be paid hy the treasurer. At the first meeting in each month, the city solicitor shall present to the council a written report of all orders drawn by him dnring the preceding months, which report shall state the amount of such orders, the name of the payee, the name of the action in which tbe same was paid, and the purpose for which paid." Passed, approved and adopted this 2nd day of Aprll, 1979. Richard Wertzberger Mayor Thomas A. Ttùly, Jr. D. Michael King Carolyn Farrell Council Memhers ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 6th day of April, 1979. Leo F. Frommelt City Clerk It 4/6 Council Member Ttùly moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Petition nf Washington Neighborhood Council, President Hank Waltz, re- questing permission to discuss tbe possibility of baYing one person from each organized neighborhood that has industrial zoned land in their area be appointed to tbe Mayors Industrial Task Force, preseuted and read. Hank Waltz spoke to the petition. Mayor Wertzberger moved that tbe petition be referred to Council. Second- ed by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 23.79 An Ordinance amending the Code of Ordinances of the City of Dohuque, Iowa, by repealiog Division 5 of Article III of Chapter 2 thereof and enacting a new Division 5 of Article III nf Cbapter 2 in lieu thereof to establish a Legal DepartmeIÚ in ønd for the City of Dohuque, Iowa, ønd to provide for the appointment of Corporation Couusel and Uty Solicitor and Assistant Attorneys ønd prescribe the duties 01 each respec- tively, presented and read. Council Member Brady moved that the Ordinance be referred to Council. MOTION DIED FOR LACK OF A SECOND. Council Member Tully moved tbat tbe reading just had be considered tbe first reading of tbe Ordinance. Seconded by Council Member King. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays~Council Member Brady. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 6th dsy of April, 1979. Leo F. Frommelt City Clerk It 4/6 Council Member Ttùly moved final adoption of the Ordinance. Seconded hy Council Member King. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Memhers Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 24-79 An Ordinance amending the Code of Ordinances of the City nf Dubuque, Iowa, by amending SectIon 2-201 of Article V of Chpater 2 thereof by repealing sub~ (5) thereof and ena<ting a new subparagraph (5) 01 SectIon 2-201 of Article V of Cbapter 2 in lieu thereof to provide that the City Solicitor sball hecome Corporation Counsel jf the later is unavailable, presented and read. Council Member Tully moved that reading just bad be considered the first reading of the Ordinance. Seconded hy Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Couucil Member Brady. Council Member Tully moved that the 143 Regular Session, AprD 2, 1979 rule requiring an Ordinance to be received and fIled at two meetings prior to the meeting when final action is taken, be dispeused with. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 24.79 An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa, by ameuding Sectiou 2-201 of Article V of Chapter 2 thereol by repealiog subparagraph (5) thereof and enading a new subparagraph (5) 01 Sectiou 2.201 of Article V of Chapter 2 in Ueu thereof to provide that the my Solicitor shall hecome Corpnration Counsel if the later is unavaHobIe NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the Code of Ordi- rw:nces of the City of Dulrnque, Iowa be ameruJ.ed by repealing Efu/ypœragraph (5) of Section 2-201 of ARTICLE V of Clwpter 2 thereof œrni e"""ting a new Sub-paragraph (5) of Section 2-201 of ARTICLE Vof Clwpter 2 in lieu thereof w foUows: "Chapter 2. ARTICLE V. Emergeucy Succes. siou. Sec. 2-201. Successors-Officers. ( 5) City Solicitor shall hecome Corpora- tion Counsel, if the later is unavaHable." Passed, approved and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members AND FLEETING SERVICE have en- tered into an Amendment to Lease and Agreement amending one certain Lease and Agreement, dated October 29, 1975. covering a tract of real estate owned by the City of Dubuque, Iowa, copy of which Amendment to lease is hereto attached: and WHEREAS, tbe City Council of the City of Dubuque, Iowa has examined said Amendment to Lease and Agree- ment and approved the same; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment to Lewe and Agreement by and between the Oity of Dubuque, Iowa by œrni through its Board of Dock Cmnmis- sioners œrni the DUBUQUE BARGE AND FLEETING SERVICE, amending <me certain Lewe œrni Agreement, dated October 29, 1975, be œrni the same is hereby approved. Section 2. Thai the Oity Clerk be and he is hereby autMrized and directed to publish notice of the said Amendment to Lewe œrni Agreement w is by law required. Passed, approved and adopted this 2nd day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully. Jr. D. Micbael King James E. Brady Carolyn Farreil Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farreil, King, Tolly. Nays-None. Communication of City Attorney re- commending re-institution of annexa- tion proceedings after dismissal of appeal of tbe City Deveiopment Board and City Deveiopment Commission, presented and read. Council Member Tully moved that tbe communicatiou be received and filed and Staff directed to begiu or re-iusti- tute annexation proceedings for the City of Dubuque. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. ATTEST: Leo F. Frommelt City Clerk Pnbllshed officially in the Telegraph Herald Newspaper this 6th day of April 1979. Leo F. Frommelt City Clerk It ./6 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. RESOLUTION NO. 73-79 WHEREAS, the City of Dubuque, Iowa through its Board of Dock Com- missioners and DUBUQUE BARGE Regular Session, AprH 2, 1979 144 Communication of City Manager re- questing to discuss plans in preparation for coping witb higb water conditions anticipated in mid-April, presented and read. Pnblic Works Director suhmitted a verbal report. Council Member Tolly moved that the commUlÚcation be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger Council Members Brady, Farrell. King. Tully. Nays-None. Communication of the Mayor suggest- ing to comply with the process of appointments to Boards and Commis- sions, presented. Council Member Tolly moved that the suggestiou be received and filed and referred to Council. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 74-79. WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jaycees 1023 '¡' Main Street CLASS "C" BEER PERMIT Grøndview Drug, Inc.486 N. Grandview (Also Sunday Sales) Palmer Drug 2600 Dodg.J St. (AIso Sunday Sales) Passed, adopted and approved this 2nd day of April 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell. King, Tully. Nays-None. RESOLUTION NO. 75.79. WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and WHEREAS, The premises to be occupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Conncil of the City of Dubuque, Iowa, that the Man- ager be autborised to cause to be issued to the following named applicants a Liquor License. CLASS.C" (COMMERCIAL) BEER AND UQUOR UCENSE Dubuque Yacht Basin, Inc, 1630 E. 16th (AIso Sunday Sales) lIouald J. Fens 1I21 University Ave. Passed, adopted and approved this 2nd day of April 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Peoples Natural Gas advising of a rate increase of 1.32c per bundred cubic ft. after April 24, 1979, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Conncil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council 145 Regular Session, April 2,1979 Members Brady, Farrell, King, Tully. Nays-None. Communication of Building Commis- sioner and Housing Inspector submit- ting a renovation progress report of the home at 677 W. 8th Ave. (Davis), presented and read. Council Member Tully moved tbat the communication be received and filed and report approved. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady. Farrell, King. Tully. Nays-None. Communication of The Cafaro Co. submitting two copies of a study entitled "Effect on Traffic of Proposed Eapansion of Kennedy Mall and "Traffic Count Data for Kennedy Mall Study on Effect of Expansion", presented and read. Council Member Tully moved that the communication and study be referred to the Engiueering Department. Se- cond~d by Council Member Farrell. Development of 3-13: HVAR Board of 3-13: AITport Comm. of 3-15; Zoning Board of Adjustment of 3-1: DMATS of 3-22; Electrical Eaamining Board of 1-9 & 3-13; Historic Preservation Comm. of 3-22; Housing Comm. of 3-21, presented and read. Council Member Tully moved that the miuutes be received and filed. Sccond- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Publication, certified to by the Publisber, of Notice that the intended uses of General Revenue Sharing Fnnds is on record, published 3-22-79, presented and read. Council Member Tully moved that tbe proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager sub- mitting reports of Treasurer, Finance Director, Water Supt.. Health Dept.. also list of claims for February, 1979, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. Proof of Publication, certified to by tbe Publisher, of Receipts and Dis- bursements for month of February, 1979, published 3-22-79, presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Attorney re- commending denial of car damage claim of Melvin A. Thein, presented and read. Council Member Tully moved that tbe communicatiou be received and filed and recommendation of denial ap- proved. Scconded by Council Member Farrell. Carried by tbe following vote: Yea.q-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Attorney re- commending DENIALS of following claims n Car damage of Jean A. Close, no actionable negligence: Advising of a jury verdict in favor of the City of denial in the personal injury suit of Council Tully. Yeas-Mayor Members Brady, Farrell Nays-None. Communication of Assistant City Manager submitting a response from the Iowa State Commerce Commission in connection with the overhead trans- mission line over and above E. B. Lyous Prairie Woodland Nature Center, pre- sented and read. Council Member Tully moved that the communication be received and filed. Seconded by Councll Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Natural Resources Council advising of a meeting to be held April 2, at 10:00 a.m. in Des Moines, regarding proposal by DOT to revise their plans for construction of bridge at Hamm Island, presented and read. Council Member Tully moved that the communication be received aud filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. MINUTES SUBMITTED - Council Budget Sessious of 2-24, 2-26. 2-28, 3-7, 3-7 Summary, 3-8, Snmmary of Couneil actions, Operating Budget, Summary of Capital Improvement Pro' ject: 4th St. PelÚnsula Program: Re- creation Commission of 2-12; Plumbing Board of 3-22; P & Z Comm. of 2-21: Five Flags of 3-20 & 3-27: Human Rights Comm. of 2-14; Community Regular Session, AprH 2, 1979 146 Audrey Oberfoell: Car damage claim of Ellwood J. Gatton, no actionable negli- gence: Car damage claim of Ann C. Pennekamp, no actionahle negligence; Two car damage claims of Patrick N. Fox, no actionable negligence: Advising of dismissal of suit against the City by Kathleen R. Stoltz & James Jach, Petrakis Park incident for personal injuries ou August 10, 1!178; Car dam- age claim of Lyle Daughetee, no action- ahle negligence, presented and read. Cowcil Memher Tolly moved that the commulÚcations be received and filed and recommendations of delÚals be approved. Seconded by Council Mem- ber Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. NOTICES OF CLAIMS n N. J. Schrup, in the amount of $425.31 for expense incurred to cover damage to personal property as the resrut of a plugged-up sewer at 695 Sunset Ridge on 1-20-79: Gary L. Hennen, in the I amount of $104.38 for car damage incurred as the result of driving into a pothole in the street at JFK & Penusyl- valÚa on 3-18-79: David E. Wallis, in the amount of $147.48, for car damage incurred as the resrut of driving into a chuckhole in the street at JFK & I Approved Ponnsylvania on 3-17-79: Richard Firz- laff, in the amount of $217.48 for car Adopted damage incurred as the resrut of falling ice from the City Hall Building on 1-30-79; Antbony Hentges, in an un- determined amount, for car damage incurred as the result of driving into a chuckhole in the street at JFK & Pennsylvania on 3-18-79: Tim Amling, in an undetermined amount, for car damage incurred as the resrut of driving over a portiou of city sign that was cut off at the City Library on 3-15-79: Jim I Council Members Rieckens, in the amount of $45.49 for ATTEST' car damage incurred as the resrut of . driving into a pothole on North Grand- view at the gnJf course on March 4, 1979; Melvin Mai, in the amount of $27.50, for car damage incurred as the resrut of driving into a chuckhole in the street at 1851 Asbury on 3-5-79, pre- I. sented and read. Council Member Tully moved that all Notices of Claims be referred to the City Attorney for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Petitions of Gus Pascual requesting refund of $422.50 ou the unexpired portion of liquor license No. C-10678, discontinued business on 8-30-78 and Ray Harkey requesting refund in amount of $25 on unexpired Cigarette License No. 1623, discontinued business on 3-15-79, presented and read. Council Member Tully moved that the refunds be granted and City Auditor directed to issue proper warrants. Seconded by Council Memher Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Petition of Peoples Natural Gas re- questing permission to excavate in a 10 year street on Loras Blvd., presented and read. Council Member Tully moved that the request be granted. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. There being no farther business, Council Member Tully moved to ad- journ. Secouded by Conncil Member Brady. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt City Clerk 1979 1979 City Clerk 147 Special Session, AprH 16, 1979 CITY COUNCIL OFFICIAL Special Session, April 16, 1979. Council Met at 7:30 o'clock p.m.(CST) Present: Mayor Wertzberger, Coun- cil Members Brady, Farreil, King, Tully. City Manager Gilbert D. Cbavenelle. Mayor Wertzberger read the call and stated that service thereof bad been duly made and this Meeting is called for the purpose of CONSIDERING A- WARD ON THE GENERAL CON- TRACT FOR THE CONSTRUCTION OF 32ND STREET FIRE STATION and acting upon such other business as may properly come before a Regular Meeting of the Council. Invocation was given by Chester Solomon. Proclamations proclaiming week of April 22 to 29 as "Days of Remem- branee", May 20th thru 26th as "Insur- ance Women's Week", Week of May 13th to 19th as "Kiss Your Baby Week", Montb of May, 1979 as "SelÚor Citizens Recognition Montb", April 15th tbru 21st as "Boy's Cluh Week in Dubuque", Week of May 13th thru May 19th as "Letter Carrier Week" and Week of April 22-28 as "Area College Week", were read and so proclaimed by Mayor Wertzberger. Petitiou of voluntary annexation of Edward E. Tschiggfrie requesting to annex Lots 12, 13, 14, 15, 16 & 17 in Center Grove Addn., presented and read. Council Member Tully moved that tbe request be approved. Seconded by Council member King. Carried by the following vote: Yeas-Mayor Wertzberger, Counell Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 76-79 WHEREAS, the owner of an area approximately 1.40 acres in size lying to the south and west of the intersection of U.S. ffigbway No. 20 and John F. Kennedy Road and east of the Ramada Inu property and adjacent to the existing city limits of the City of Dubuque, Iowa, now voluntarily peti- tions the City Council for annexatiou of his property to the City of Dubuque, Iowa: and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protection if said territory is incorporated witbin tbe city limits of the City of Dubuque, Iowa: and WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer and other municipal ser- vices if incorporated within the city limits of the City of Dubuque, Iowa: and WHEREAS, Cbapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by tbe adoption of a resolution; and WHEREAS, the future growth, de- velopment and preservation of the public health of tbe City of Dubuque, Iowa, makes it appropriate that said territory be made a part of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectiou 1. That the territorial limits of the City of Dubuque, Ioua, be a:nd they are hereby extended to inclnde the area coo¡prising the foUowing described real estate, to-wit: Lots 12, 13, 14, 15, 16 a:nd 17 in "Centre Grove Dubnque County, 101m" {which property is sometimes klWwn and described as Lots 12, 13, 14, 15, 16 a:nd 17 in Center Grove AMitian, Dubnque County, State of Iowa),O£cording to the recordedplai thereof The propen'y to be annexed is as shown em the plat rnn:rhed EXHIBIT A, attO£hed hereto a:nd by this refereræe mmIe a part hereof, the boundœries of said area being outlined in red thereem. Section 2. That the territmy hereby annexed slwll become a part of the nine- teenth voting precinct to the City of Dubnque, Iowa. Sectlou 3. That the undersigned, Warner R. Wright, Civil Engineer a:nd Land Surveyor, hereby certifies that the property herein described in Section 1 above is cmtigWJUS to the existing city limits or corporatim lines of the City of Dubuque, Ioua, as shown em the plai attO£hed hereto as EXHIBIT A. Warner R. Wright Civil Engineer and Land Surveyor Certificate No. 485il Passed, approved and adopted tbis 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members Special Session, AprD 16, 1979 148 ATTEST: Leo F. Frommelt City Clerk Council .Member Tully moved a- doption of the Resolution. Seconded by Council Memher King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady. Farrell, King, Tully. Nays-None. Proof of Puhlication, certified to hy the Publisher, of Notice of Puhlic Hearing on an Amendment to Lease and Agreement between the City Dock Commission and Duhuque Barge & Fleeting Service Co" presented and read. No written objections were filed and no oral objectors were present in the Council Cbamber at the time set for the hearing. Council Member Tully moved tbat the proof of publication be received and nJed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 77-79 WHEREAS, pursuant to Resolution and publisbed notice of time and place of hearing, publisbed in the Telegraph Herald, a newspaper of general circula- tion, published on April 6, 1979, in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met ou the 16th day of April, 1979 at 7:30 o'clock p.m. (CST) in the City Council Cham- bers in the City Hall, Duhuque, Iowa to cousider the proposal to enter into an Amendment to Lease' and Agreement by and between the BOARD OF DOCK COMMISSIONERS of the City of Dubu- que, Iowa, as Lessor and DUBUQUE BARGE and FLEETING SERVICE COMPANY, as Lessee, amending one certain lease entered into between the parties, dated October 29. 1975, said Amendment to include in the terms of said lease real estate described as: Lot 2 of the "Subdivision of Lots 1 through 21, Block E, Lots 1 throngh 14, Block D, and vacated Market street lying between Blocks D and E, all in Booth's Addition" in the City of Dubuque,. Iowa according to the Plat recorded as Instrument No. 11591-78, records of Dubuque County, Iowa, subject to easements of record: and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant an Amendment to Lease and Agreement to include certain real estate heretofore described in the terms and conditions of said origiual Lease and Agreement: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to enter into an Amendment to Lease a:nd Agreement by and between the Bawd of Dock Commis8Ûmers of the City of DulYuque, Ioua, as Lessor, a:nd Duhu- que Barge a:nd Fleeting Service Com- pany, as Lessee, <tmeruiing <me certain lease entered into by a:nd between the parties, dated October 29, 1975, said Amendment to include in the terms and conditions of said <>riginnl Lease, the hereinabove described real estate, a copy of which Amendment is hereto attO£hed, a:nd by refereræe made a part hereof, be a:nd the sa>ne is hereby approved. Section 2. That the Mayor a:nd the City Clerk be and they are hereby authorized a:nd directed to execute said Arrumdment to Lease a:nd Agreement f~ em beiuJlf of the City of Dubuque, Iowa. Section 3. That the City Clerk be a:nd he is hereby directed to file a certified copy of this Resolution in the office of the Dubnque County Recorder a:nd the office of the City Assessor. Passed, approved and adopted this 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Memher Tully moved a- doption of the Resolution. Seconded by Council Member Farrell. Carried by the followiug vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dillingham Invest- ments Inc. submitting a deed of vaca- tion of Lot 1 of 1 of 2 of 1 of Hawkeye Stock Farm in the City of Dubuque, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-Noue. 149 Special Session, April 16, 1979 RESOLUTION NO. 78-79 WHEREAS, Dillingham Investments, Inc., a corporation, the sole owner or proprietor of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm in the City of Dubuque, Dubuque County, Iowa desires to file a Deed of Vacation coucerning the platting of said real estate: and WHEREAS, Section 409.8 of the 1977 Code of Iowa provides that any plat may be vacated by a proprietor thereof with the consent of the City: and WHEREAS, the City Council of the City of Dubuque, Iowa finds that said City should consent to the vacation of said plat as prayed: NOW THEREFORE, BE IT RE- SOLVED that the City Council of the City of Dubuque, Iowa should and hereby consents to the filing of the Deed of Vacation in the office of the County Recorder of Dubuque County, Iowa, concerlÚug the platting of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm in the City of Dubuque, Dubuque County, Iowa: Passed, adopted and approved this 16th day of AI'ti~h~\vertzberger Mayor Thomas A. Tully, Jr. D. Michael Kiug James E. Brady Carolyn Farrell Council Members ATTEST: LeoF. Frommelt City Clerk Couneil Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members Brady, Farrell, King, Tully. Nays-None. Communication of PlanlÚng & Zoning Connnission recommending favorable consideration of final plat of Sub. of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm as submitted by Dillingham Investments Inc.. preseuted and read. Council Member Tully moved tbat the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couucil Memhers Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 79-79 Resolution APproving the Plat of Sub- divisiou of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm in the City of Dubuque, Iowa. WHEREAS, tbere has been filed with the City Cierk of the City of Duhuque, Iowa, a plat of the subdivision of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Hawkeye Stock Farm in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find the s:nne conforms to the Statutes and Ordinances relating thereto: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section I. That the above-described pInJ; be o:nd the same is hereby a:pprov- ed o:nd the May~ arui City Clerk be o:nd they are œutlwrized o:nd directed to erukn-se the approvo1 of the City of Dubuque, 10mL, upon sold pla1. Passed, adopted and approved this 16th day of April, A.D. 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Proof of Pnblication, certified to by tbe Pnblisher, of Notice to Bidders for the Geueral Contract Work for con- struction of the Fire Station at 32ud & Central Aveuue, presented and read. Council Member Farrell moved tbat the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements Special Session, AprD 16, 1979 150 RESOLUTION NO. 80-79 WHEREAS, proposed plans and specifications and form of contract for the Construction of Fire Station #3 at 32nd & Central Avenue, Dubuque, Iowa. Total Cost: $421,600 have been approved by the City Council of the City of Dubuque and public notice given as provided by Cbapter 362 of the Code of Iowa, 1977, pertailÚng to public contracts and bonds, and the time and place fixed for the hearing of all ohjections to said plans, specifications or contract for or cost of sucb improve- ments, said time being this 16th day of April, 1979: and WHEREAS, the City Council met in special session this 16th day of April, 1979, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which bave been filed to the proposed plans, specifications or contract for or cost of the improvement berein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made. be and the same hereby over- ruled and such plans, specifications and form of contract heretofore approved are bereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have heen filed to the plans, specifica- tions and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16tb day of April. 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- i tion of the Resolution. Seconded hy Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of City Manager re- commending award of contract for construction of 32nd Street Fire Station to M. P. Kluck & Son, Inc. in amount of $293,552., presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzherger, Council Memhers Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. (Awarding Contract) RESOLUTION NO. 81-79 WHEREAS, sealed proposals have been submitted by contractors for the construction of the 32nd & Central Avenue Fire Station, Dnbuque, Iowa, pursuant to Resolution No. 60-79 and notice to bidders published in a uewspaper published in said City on March 27, 1979; and WHEREAS, said sealed proposals were opened and read on April 10, 1979, and it has been determined that the bid of M. P. Kiuck & Son, Inc. of Dubuque, Iowa in the amount of $293,552 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specification: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned im- provement be awarded to M. P. Kiuck & Son, Inc. and the Manager be and he is hereby directed to execute a contract on behaJf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the hid deposits of the uusuccessful hidders. Passed and adopted this 16th day of April, 1979. Richard Wertzberger Mayor D. Miehael King James E. Brady Carolyn Farrell Council Members - 151 Special Sessiou, AprD 16, 1979 ¡ IA Resolution Accepting Improvement) ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded hy Council Member Brady. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Communication of City Manager and City Engineer advising of completion of Flora Park Tennis Court reconstruction project and recommending its accept- ance, presented and read. Council Member Farrell moved that the communication be received and filed. Sccouded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tnlly. FINAL ESTIMATE RESOLUTION NO. 82-79 WHEREAS, the contract for the Flora Park Tennis Court Reconstruction Project has been completed and tbe City Engineer has submitted his final estimate sbowing the cost tbereof in- cluding the cost of estimated, notices, inspection, and preparing tbe assesment and plat, now therefore, BE IT RESOLVED, by the City Council of tbe City of Dubuque, That tbe cost of said improvement is hereby determined to be $70,172.27. That none of the cost thereof shall be assessable upon private property and $70.172.27 shall be paid from tbe Public Works Fnnd of the City of Dubuque. Passed, adopted and approved tbis 16th day of April, 1979. Richard Wertzberger Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Councll Member King. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. ----....----------...-. RESOLUTION NO. 83-79. WHEREAS, tbe contract for the Flora Park Tennis Court reconstruction project bas been completed and tbe City Manager has examined tbe work and filed his certificate stating tbat tbe same has been completed according to tbe terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by tbe City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from tbe Public Works Fnnds upon the above described improvement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 16th day of April, 1979. Richard Wertzberger Mayor James E. Brady D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tnlly. April 3, 1979 The Honorable Mayor .1 And City Council Attached are three agreements with the Iowa Department of Transportation which increase the available federal funding for the Kennedy Road widening project. The current project agreements provide for 70 % funding of all items of construction and right of way acqnisi- tion. Through the new Surface Transpor- tation Act of 1978, the funding level for the pavement and street ligbting has been raised to 75%. We have also applied for and received Special Session, AprD 16, 1979 152 approval on 100 % funding of the traffic sigual and lane marking portions of the project. I would recommend that the City enter into these agreements with the Department of Transportation which allow the increased funding levels. All other terms of the previous agreements remain the same. Gilbert D. Chavenelle City Manager Council Member Tully moved that the communication be received and filed. Scconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Conncil Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION 85-79 Resolutiou authorizing executiou of an agreemeut between the City of Dubuque, Iowa and the Iowa Depart- ment of Transportatiou providing an increased funding level ou the John F. Kennedy RAJad WidelÚag Project, Ponn- sylvania Aveuue to Asbury RAJad. WHEREAS, 75 % federal funding is available for construction inspection performed by the City, and WHEREAS, 100 % federal funding is available for traffic signalization, and WHEREAS, the City of Dubuque is desirous of obtaining this increased funding. RESOLUTION 84-79 Resolution authnrizing executiou of an agreement between the City of Dubu- que, Iowa and the Iowa Department of Transportation providing an increased funding level ou the John F. Kennedy RAJad WidelÚag Project, Pennsylvania Aveuue to Asbury RAJad. NOW THEREFORE BE IT RE- SOLVED, that the Mayor and City Clerk he and they are hereby author- ized and directed to execute agreement number 79-F-O19 with the Iowa Depart- ment of Transportation. Passed, adopted and approved tbis 16th day of April, 1979. Ricbard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members WHEREAS, the previously approved project agreement numhered 77-F-124, dated April 10, 1978 provided for a 70 % federal funding level, and WHEREAS, the Surface Transporta- tion Act of 1978 provided that funding levels may he increased to 75 %, and WHEREAS, the City of Dubuque is desirous of obtaining this increased funding, ATTEST: Leo F. Frommelt, City Clerk Council Member Tully moved adop- tion of the Resolution. Scconded by Council Member Farrell. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. NOW THEREFORE BE IT RE- SOLVED, that the Mayor and City Clerk be and they are hereby author- ized and directed to execute agreement number 77-F-124 IA) with the Iowa i Department of Transportation. , RESOLUTION 86-79 Passed, adopted and approved this I Resolutinn authnrizing execution of an 16th day of April, 1979. agreement hetweeu the city of Dubu- Richard Wertzberger I que, Iowa and the Iowa De partlneut of Mayor Transportation providing an increased Thomas A. Tully, Jr. funding level on the John F. Kennedy D. Michacl King RAJad WidelÚag Project Pennsylvania James E. Brady Avenue to Asbury RAJad. Carolyn Farrell Council Memhers ATTEST: LeoF.Frommelt, City Clerk WHEREAS, the previously approved project agreement numhered 77-F-124, ., dated April 10, 1978 provided for a 70 % federal funding level, and WHEREAS, additional funding of 100% is available for pavement mark- I ing material, and , WHEREAS, the City of Duhuque is i desirous of obtaining this increased funding, Council Member Tnlly moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tnlly. Nays-None. Special Session, AprD 16,1979 Seetlou 3. Tlw.t the Director of the Departrrumt of Community Devewp- ment is hereby authorized awl directed to sulnnit In the required number of copies, the executed appUcation to the u.S. Department of Housing an4 Urban Deve/Q¡muJnt awl other appropriate agencies together with such other documents evidencing the approval awl authoriZIng the execution awl imp!e- rrumtation of such application as may be required. Passed, approved and adopted this 16tb day of April, 1979. Richard Wertzberger Mayor D. Micbael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farrell moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Nays-Council Member Brady. Abstain-Council Member Tully. Communication of City Manager re- commending enforcement of Code pro- visions requiring tbe owner of the building at 1913 Schiller Street to dismantle said bnilding due to its . delapidated condition, presented and read. Council Member Tully moved tbat the communication be received and filed and public hearing be set for May 7, 1979, at 7:30 p.m. in the Council Cbambers in City. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Retired Senior Vol- unteer Program advising of an invita- tion extended to the Flora Doras from tbe White House to entertain on April 24, 1979 at a projected cost of $4500. and would appreciate any support, presented and read. Council Member Farrell moved to suspend the rules to let anyone preseut address tbe Council if they so desire. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, _Tully. Nays-None. Marian Williams and Martha Thomas of the Flora Doras spoke to tbe communication. Council Member Tully moved that the communication be re- 153 NOW THEREFORE BE IT RE- SOLVED, that the Mayor and City Clerk be and they are hereby author- ized and directed to execute agreement number 77-F-124(2A) with the Iowa Department of Transportation. Passed, adopted and approved this 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Counell Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 87-79 Authorizing the fiJing of an application lor a Community Development Block Grant for the City of Dubuque WHEREAS, tbe City of Dubuque is entitled to participate in the Fifth Year Community Development Block Grant Program authorized under tbe pro- visions of Title I of the Housing and Community Development Act of 1974; and WHEREAS, the City of Dubuque has prepared an application for such partic- ipatiou in accordance with the policies and procedures as prescribed by the U.S. Department of Housing and Urban Development; now tberefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, lOW A: Section 1. That the application for participation in the Fifth Year Cmnmu- nity Deve/Q¡muJnt Bwck Grant Program is hereby approved, an4 the Mayor of the my of Dubuque is hereby (CUther- ized an4 directed to execute the appli- cation on belwlf of the my of Dubuque. Section 2. That the City of Dubuque certifies to HUD that the Oity of Dubuque an4 RichoJrd P. Wertzberger in his official capocity as Mayor, consent to O£cept oR uw1erstan4lngs an4 as- suro:uces contained therein an4 ogree to O£t In connection with this application awl to provide additimwl information as may be required. Special Session, AprD 16, 1979 154 ceived and filed and City Manager autborized to allocate $1000 to The Flora Doras from FY'79 unstructered Recreation Program. Seconded by Council Memher Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of the Transit Auth- ority requesting to be heard to discuss present study of Keyline Bus Garage, presented and read. Tom Berryman, Chairman of Transit Authority, addressed the Council re- questing that Shive-Hattery be allowed to finish their study by May 10th and then meet with Federal & State Tran- sportation Systems. He also advised of problems with new route: Milwaukee Railroad bas created delays at Haw- thorne and 16th Sts. 9 out of 12 days; Requested assistance regarding having a railroad crossing blocked for more than 5 minutes. Council Member Tnlly moved that the communication be received and filed. Seconded by Council Member Farrell. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of Recreation Commission requesting a parade permit for "Run For We", tbree and six mile runs on May 6, 1979, presented and read. Council Member Brady moved that the petition be approved subject to final approval of the City Manager. Second- ed by Council Memher Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Mrs. Alex Thomp- son expressing an offer to sell property to the City described as Lot 1-1-1-1-1-2- 1 of Highiand Farm Lot 2, consisting of approx. 6.2 acres, presented and read. Council Member Tully moved that the communication be received and filed and referred to the City Manager for investigation and report. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager ad- .1 vising of appointment of Joseph A. Danner III to the Plumbing Board to Novemher 2, 1982 and requesting con- firmatiou, presented and read. Council Member Farrell moved tbat the communication be received and filed and request be approved. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Consideration for appointments to Boards and Commissions was pre- sented. Council Member Tully moved that Michael Keegan be appointed to the Police and Fire Retirement Systems Board of Trustees for an unexpired 4 year term expiring 3-31-80. Scconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- questing Council approval of recom- mendation for the relocation of ligbting on the section of Windsor Ave. hetween Davis Ave. and the driveway entrance to Mt. St. Francis Convent according to agreement reached with the Sisters of St. Francis, presented and read. Council Member Tully moved that the recommeudation be approved. Se- conded by Couucil Member Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Memhers Brady, Farrell, King, Tully. Nays-Noue. Communication of Dnbuque Housing Commission submitting a revised Hous- ing Opportunity Plan (from HAP to HOP) and recommending Council ap- proval uow known as ECIA Housing Opportunity Plan (HOP), presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Wertzherger, Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of ECIA requesting approval of Region VIII Areawide Housing Opportunity Plan, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 88-79 A Resolution of. the City Council, Dohuque, Iowa adopting an areawide Housing Opportunity Plan WHEREAS, there now exists witbin the City nf Dubuque, Iowa a shortage of safe and sanitary dwelling accomoda- tions whicb elderly persons and families of low income can afford, and 155 Speeial Sessiou, AprD 16, 1979 WHEREAS, CFR Title 24, Chapter VII, Part 891 - Review of Applications for Housing Assistance; Allocation of Housing Assistance Funds (as revised) provides for the allocations of supple- mental housing assistance in cases where jurisdictions are covered by a HAP and are participating in an area- wide Housing Opportunity Plan, and WHEREAS, the Council of the East Central Intergovernmental Association adopted an areawide Housing Oppor- tunity Plan following a public hearing on March20,1977, and WHEREAS, the City of Dubuque (a Community Developement Block Grant entitlement jurisdiction) currently has an approved Housing Assistance Plan, and WHEREAS, CFR Title 24, Chapter VII, Part 891 requires local HAP compliance with areawide Housing Opportunity Plans, and WHEREAS, the revised areawide Housing Opportunity Plan incorporates City of Dubuque data without requiring modification or change to the HAP. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa that it does bereby approve and adopt tbe East Central Intergovernmental Association Housing Opportunity Plan of March 20, 1977 (rev.) including numerical goals for the distrihution of lower income housing assistance and provision for the imple- mentation of the plan. Passed and approved this 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved to table the Resolution. MOTION DIED FOR LACK OF A SECOND. Council Member Farrell moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Communication of Perfection Oil Co. requesting vacation of Wly 11.5' of Lot 2 and Lot 1-1 of Boatyard Addn. and Lot 1 of vacated Lime Street (Communi- cation of Corps of Engineers attached indicatiug their position), presented and read. Couucil Member Farrell moved that the communication be received and filed and referred to City Solicitor for proper proceedings. Scconded by Mayor Wertzberger. Carried hy the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Abstain-Council Memher Tully. Communication of Dubuque Dock Commission advising of consideration of request of Newt Marine Co. for cOn- veyance of a portion of Third Street, Lot C, Block D of Booth's Addn. and further requesting that the Council place a selling price on the land, presented and read. Council Member Tully moved that the communication he referred to tbe City Attorney for proper proceedings to convey by a long term lease. Scconded by Council Memher Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dubuque Dock Commission requesting conveyance to the Historical Society of Lot A, Block D in Booth's Addn. whicb could possible expedite Federal Funding, presented and read. Ed Ryan of Historical Society spoke to the communication. Council Member Tully moved that the communication be referred to the City Solicitor for proceedings to grant an easement that will exist as long as Freight House property remains under control of Historical Society. Scconded by Council Memher Farrell. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dubuque Dock Commission reqnesting review of a proposed Lease and Agreement he- tween the Dock Commission and Twine Company and consider recommendation of saie of the Municipal River Rail Terminal Building, presented and read. Council Member Tully moved to refer tbe commulÚcation and Lease and Sale to the City Manager. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning commission recommending approval of reclassification property at 24th & Special Sessiou, April 16, 1979 156 ---------- -.------ Central Avenue from R-4 Residential to Nays-None. C-3 Arterial Business Ilistrict Classifi- Communication of Planning & Zoning cation, presented and read. Commission recommending approval of Council Memher Brady moved that two final plats of Phase Two of Stone the communication be received and Hill Community Sub. No.1, presented filed. Seconded by Council Member and read. Farrell. Carried by the following vote: Council Member Farrell moved that Yeas-Mayor Wertzherger, Council the communication be received and Members Brady, Farrell, King, Tully. filed. Seconded by Council Member Nays-None. Tully. Carried by the following vote: AN ORDINANCE of the City of Yeas-Mayor Wertzherger, Council Dubuque, Iowa, providing that the Members Brady, Farrell, King, Tully. Code of Ordinances City of Dubuque, Nays-None. Iowa, be amended by revising Appendix A thereof, also known as the "Zoning RESOLUTION NO. 89-79 Ordinance and ZolÚng Map of the City Resolution APproving Plat of the Sub- of Dubuque, Iowa", hy reclassifying division of Lot 1 of mock 2, "Phase Two "Lot 1 of Lot 2 of Lot 2 of Lot 11, and 01 Stoue Hill Conuuunity Subdivision Lot 2 of Lot 1 of Lot 11 in Wullweber's No. I" in the City of Dubuque, Iowa. Subdivision" located at 24th Street and Central Avenue from R-4 Residential WHEREAS there bas been filed with District to C-3 Arterial Business Com- the City Clerk a plat in which Lot I of mercial District, presented and read. Block 2, "Phase Two of Stone Hill Council Member Brady moved that Communitv Subdivision No.1" in the the reading just had be considered the City of Duhuque, Iowa, is platted as: first reading of Ordinance. Seconded by Council Memher Farrell. Carried by Lot 1 of Suhdivision of Lot 1 of Block the following vote: 2, "Phase Two of Stone Hill Community Yeas-Mayor Wertzberger, Council Subdivision No.1" in the City of Members Brady, Farrell, King, Tully. Dubuque, Iowa, and Lot 2 of Subdivi- Nays-None. sion of Lot 1 of Block 2, "Phase Two of Council Member Brady moved that Stone Hill Community Subdivision No. the rule requiring an Ordinance to be 1" in the City of Dubuque, Iowa, and received and filed at two meetings prior Lot 3 of Subdivision of Lot 1 of Block 2, to the meeting when final action is "Phase Two of Stone Hill Community taken, be dispensed with. Scconded by Subdivision No.1" in the City of Council Member Farrell. Carried by Dubuque, Iowa, and Lot 4 of Subdivi- the following vote: sion of Lot 1 of Block 2, "Phase Two of Yeas-Mayor Wertzherger, Council Stone Hill Community Subdivision No. Memhers Brady, Farrell, King, Tully. 1" in the City of Dubuque, Iowa, and lot Nays-None. 5 of Subdivision of Lot 1 of Block 2, Council Member Brady moved that a "Phase Two of Stone Hill Community public hearing be held on the Ordinance Subdivision No.1" in the City of on May 7, 1979 at 7:30 o'clock p.m. in Duhuque, Iowa, and the Council Chamber at the City Hall and that the City Clerk be instructed to WHEREAS, said plat has been puhlish notice of the bearing in the examined by the City'Plan Commission manner required by law. Seconded by and had its approval endorsed thereon' Council Memher Farrell. Carried by and, ' the following vote: Yeas-Mayor Wertzherger, Council WHEREAS said plat has becn ex- Memhers Brady, Farrell, King, Tully. aoúned by the City Council and they Nays-None. find the same conforms to the Statutes Communication of Planning & Zoning and Ordinances relating thereto: Commission recommending approval of final plat of Painted Valley in Table NOW, THEREFORE, BE IT Mound Township AND A Resolution RESOLVED BY THE CITY COUNCIL approving final plat of Painted Vailey OF THE' CITY OF DUBUQUE, IOWA. were presented. Council Member Tully moved that the commulÚcation and Sectiou 1. The above described pÙlt Resolution be tahled to the Council be and the same is hereby approved aruf. Meeting of May 7, 1979 at 7:30 o'clock the Mayor aruf. Clerk be aruf. they are p.m. in the Council Chambers. Second- hereby authorized and db-ecfed to en- ed by Council Member Farrell. Carried dorse the approval of the Oity upon by the following vote: saM PÙlt. Yeas-Mayor Wertzber!f"r, Council Passed, adopted and approved this Members Brady, Farrell, King, Tully. 16th day of April, A.D., 1979. Special Session, April 16, 1979 158 Special Session, AprD 16, 1979 tance hereto oUachedagreeing: a. To reduce all drives and parking areas to grade and to construct concrete curb and gutter and to bard surface the drives with bituminous concrete, or with concrete paving with integral curb, all in accordance witb City of Dubuque standard specification: b. To install storm sewers and catch- basins in accordance with the plans described berein and submitted with the plat; c. To install water mains in accordance witb plans and specifications filed by tbe owner in the office of the City Engineer, City of Dubuque, Iowa: d. To install sanitary sewer mains in accordance with plans and specifications filed by the owner in the office of the City Engineer of Dubuque, Iowa; e. To construct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under tbe inspection of tbe City Engineer, and in a manner ap- proved by the City Manager; f. To maintain the foregoing improve- ments for a period of four (4) years from tbe date of tbeir acceptance by the City of Dubuque, Iowa: g. To provide tbe foregoing construc- tion and maintenance at the sole ex- peuse of the Snbdivider, Stone Hill Development Corporation as owner; h. To construct said improvements prior to June 1. 1981. Section 2. 13t<me HiU Devel&pm.ent CfYI7XYIYJJ;ion does hereby covenant and agree with the City of Dubuque, Iowa, theJ; St<me Hill Development G>rpora- tion is an Iowa CfYI7XYIYJJ;ion krwwn w St<me Hill CrYmmunity AssocWtion; sOO St<me Hill Community Association is a property owner's association and pro- vioos for the maintenance, improve- ment and OOvel&pm.ent of real property, and improvements and fixtures located thereon, described w: Lot 1 of Lot 1 of Block 2, "Pho1;e Two of Stone HiU Community Subdivision No.1 in the City of Dubuc¡ue, Iowa. Stone Hill Commwnity Association ho1; the power to levy chorges and assess- ments O{Iainst members of said cor- poroiion whi£h sholl be liens Otlainst the property owned by the members of sOO corporation withiu "Pho1;e Two of St<me HIll Community Subdivision No. 1" in the City of Dubuc¡ue, Iowa, for the perposes of maintaining, developing and improving Lot 1 of Lot 1 of Block 2, "Pho1;e Two of St<me HiU Cammunity Subdivisian No. 1" in the City of Dubuque, Iowa. Section 3, Lot 1 of Lot 1 of Block 2, "Pho1;e Two of Stane HUt Community Subdivisian No.1" in the City of 157 Dubuque, Iowa, is also krwwn as Cmrmwn Area whi£h property shall be maintohwd for the perposes identified an the final OOvelopment pion and Iœpt in Mat and proper order. The City of Dubuque, Iowa, sholl have a perpetual easement to enter, and poiIS over and uwn Lot 1 of Lot 1 of Block 2, "Phase Two of St<me HiU Community Sub- division No.1" in the City of Dubuque, Iowa, for such ordinary maintenance services and emergerwy servi£es, as are regularly and custorru:trily provided by the City of Dubuc¡ue, Iowa, in the City of Dubuque, Iowa, and for s'/J£h servi£es or duties whi£h the City of Dubuque, Iowa may be obligated by law to perform on sOO premises. a. Certain improvements, as shown on Improvement Plan on file in the office of the City Engineer of Dubuque, Iowa, within Lot 1 of Lot I of Block 2, "Phase Two of Stone Hill Community Sub- division No.1" in the City of Dubuque, Iowa, shall be public improvements and are hereby so dedicated to tbe City of Dubuque, Iowa. It is understood and agreed that upon fiual acceptance by the City of Dubuque, Iowa, said im- provements shall be owned and main- tained by the City of Dubuque, Iowa. b. The drives and parking areas located on Lot 1 of Lot 1 of Block 2, "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, shall be private drives and parking areas and owned by Stone Hill Com- munity Association, and shall be held with otber common property shown upon the plan witbin the jurisdiction of Stone Hill Community Association, and fnether providing that tbe city may enter sucb drives and parking areas to provide uecessary emergency services or other services or duties which it may be obligated by law to perform on the premises; that the city may enter the drives and perform necessary main- teuance whenever tbe private owner fails to do so, and assess all costs to such owner. c. All assessable costs for maintenance I or services, described berein, per- formed by the City of Dubuque, Iowa, on, or directly benefiting, Lot 1 of Lot 1 of Block 2, "Phase Two of Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa, shall be assessed against Stone Hill Community Association and a lien upon said real property. Section 4. That in the event St<me Hill Community Association sholl fall to execute the a£ceptance and furnish the security proWled for in Section 1 hereof within 45 doys after the ame of this Resolution, the provisions hereby shall be null and void and the acceptance of the OOdi£ation and approval of the plat sholl wt be effective. Passed, adopted, and approved by unanimous recorded roll call this 16th day of April, A.D., 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell James E. Brady Council Memhers Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Farreil moved adop- tion of the Resolution. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. RESOLUfiON NO. 90.79 Resolution Approving the Plat 01 Blocks 7 through 10, both inclusive, eacb in "Phase Two of Stone Hill CommulÚty Subdivision No. I" in the City of Dohuque, Iowa. WHEREAS, tbere was filed with the City Clerk a plat of the Subdivisiou to be known as Blocks 7 tbrongb 10, botb inclusive, each in "Pbase Two of Stone Hill Community Subdivision No. I" in tbe City of Dubuque, Iowa, WHEREAS, there are on file in the office of the City Engineer of Dubuque, Iowa, Improvement Plans and accom- panying specifications showing location and grade of sanitary sewer, water, pavement and drainage facilities witbin tbe area shown on said plat: and WHEREAS, said plat has been exa- mined by the City Planning and Zoning ConnlÚSsion and bad its approval endor- sed thereou: and WHEREAS, said plat has been ex- amined by the City Council and tbey find the same couforms to statutes and ordinances reiating thereto, except that drive grades bave not been established, the drive brougbt to grade, or paving, or storm sewer installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section 1. That the plat of Blocks 7 thTIYUIJh 10, both inclusive, each in "Phase Two of St<me Hilt Community Subdivision No. 1" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk a:re hereby authorized and directed to endnrse the approval of the City of Dubuq1æ, Iowa, upon sOO plat, proviOOd the owner of sOO property therein nn:rned. execute written accep- ATTEST: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUfiON NO. 90-79 We, tbe undersigued Stone Hill Corpor- ation baving read the terms and condi- tions of the foregoing Resolution No. 90-79 and being familiar with the couditions thereof, hereby accept the same and agree to perform the condi- tions reqnired therein. Dated at Dubuque, Iowa, this 24th day of May, 1979. Stone Hill Development Corporation By James H. Richard President By George E. Deininger Treasurer TO: Leo F. Frommelt City Clerk This is to certify that the security provided by tbe foregoing Resolution No. 90-79 has been furnished by the owners. Dated at Dubuque, Iowa, this 29th day of May, 1979. Gilbert D. Cbavenelle City Manager Council Member Farrell moved adop- tion of tbe Resolution. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of P & Z submitting two final plats on property located south and west of Carson Road (Lake Eleanor Road) for Meta Willging Luedtke Trust, presented and read. Council Member tully moved tbat the communication be received and filed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzbergr, Council Members Brady, Farrell, King, Tully. Nays-None. Special Session, AprD 16, 1979 Special Session, AprH 16, 1979 159 160 Sectinu 1. That the plat of the Subdivision of Lot 2 of Lot 8 of the &uthea.st Quarter of Section 12, Town- ship 88 Narth, Range 2 East to the Fifth 1'.111.: of the Subdivisian of Lot 4 of the &uthea.st Quarter of Section 12 of Township 88 Narth, Range 2 East of the Fifth P.M.: and of the SubdiviSÜJn of Lot 1 of Lot 1 of the Narthea.st Quarter of the Narthea.st Quarter of Section 18, Township 88 Narth, Range 2 East of the Fifth P.M., aR being in Tubl€ Mound Township, Dubuque Cmtnty, Iowa, be and the same is hereby approved œnd the May~ œnd the City Cl£rk are herelr¡¡ autlwrized o:nd directed to en- dm-se the approval of the City of Dubv.<¡1æ, Iowa, upan said PIoi, pro- vid£d that the oumer of said property sholl execute its written accepto:nce thereto attached, ackrwwl€dging and agreeing: a. That said subdivided lots within this subdivision shall be llmited to two residential dwellings until such time as said property bas been resubdivided pursuant to Dubuque County and the City of Dubuque platting and sub- division reqnirements and owners shall place said restrictions on said land by way of valid restrictive covenant to run with the land and be binding on owners, heirs, successors and assigns. Sectiou 2. That in the event the owner sholl faR to execute the Accep- to:nce prwided f<Yr in Section 1 hereof within farly-five (45) dßys alter the date of this Resolution, the prwisions hereof sholl be null o:nd vaid o:nd the œpproval of the Plat sholl '/Wt be effective. Passed, adopted and approved this 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members RESOLUTION NO. 91-79 A Resolution APproving the Plat of the Subdivision of Lot 2 of Lot 3 of the Southeast Quarter of Section 12, Town- ship 88 North, Range 2 East to the Fifth P.M.; of the Subdivision of Lot 4 01 the Southeast Quarter of Sectiou 12 of Township 88 North, Range 2 East nf the Fifth P.M.; and of the Subdivision of Lot 1 of Lot 1 of the Northeast Quarter of the Northeast Quarter 01 Section 13, Township 88 North, Range 2 East of the Fiftb P.M., all heing in Table Mound Township, Dohuque, Iowa. WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa, a plat of the Subdivision of Lot 2 of Lot 3 of the Southeast Quarter of Section 12, Township 88 North, Range 2 East to the Fiftb P.M.; of the Sub- division of Lot 4 of the Southeast Quarter of Sectiou 12 of Township 88 North, Range 2 East of the Fifth P.M.: and of the Subdivision of Lot 1 of Lot 1 of the Northeast Quarter of the North- east Quarter of Section 13, Township 88 North, Range 2 East of the Fifth P.M., all being in Table Mound Township, Dubuque County, Iowa: and Trustecs of the Meta Willging Luedtke Family Trust. Council Member Tully moved adop- tion of tbe Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. WHEREAS, tbe City Council concurs in the understanding of the City Plan- ning and Zoning Commission with re- geed to the development of or future divisions of said property: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. row A: Section 1. That the plat of the Sub- diviSÜJn of Lot 2 of Lot 4 of the &uthea.st Quarter, Sectian 12, Thwn- ship 88 Narth, Range 2 East of the Fifth P.M., Lot 1 of Lot 1 of Lot 1 of the Narthea.st Quarter of the Narthea.st Quarter of Section 18, Township 88 Narth, Range 2 East of the Fifth P.M., œnd the Narthwest Quarter of the Narthea.st Quarter of Section 18, Thwn- ship 88 Narth, Range 2 East of the Fifth 1'.111., aR being in 1b.bl€ Mownd Town- ship, Dubuque Cmtnty, Iowa, be o:nd the same is herelr¡¡ approved o:nd the May<Yr o:nd the City Clerk are hereby authorized œnd directed to ~se the œpproval of the City of Dubuque, Iowa, upan said PIoi, provided that the owner of said property sholl execute its written accepto:nce thereto attached, ackrwwl€dging o:nd agreeing: . (a) That said subdivided lots within this subdivision shall be limited to two resideutial dwellings until such time as said property has been resubdivided pursuant to Dubuque County and the City of Dubuque platting and sub- division requirements and owners shall place said restrictions on said land by way of valid restrictive covenant to run witb the land and be binding on owners, heirs, successors and assigns. Section 2. That in the event the oumer sholl faR to execute the Accep- to:nce provided f<Yr in Section 1 hereof within farly-five (45) dßys alter the date of this Resolution, the prwisions hereof sholl be null o:nd vaid o:nd the œpproval of the PIoi sholl '/Wt be effective. Passed, adopted and approved this 16tb day of April 1979. Richard Wertzberger Mayor ThomasA. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members RESOLUTION NO. 92-79 A Resolution APproving the Plat of the Subdivisiou of Lot 2 of Lot 4 01 the Southeast Quarter, Sectiou 12, Town- ship 88 North, Range 2 East of the Fifth P.M., Lot 1 of Lot 1 of Lot 1 of the Nnrtheast Quarter of the Northeast Quarter of Sectiou 13, Townsbip 88 North, Range 2 East of the Fifth P.M.. ønd the Northwest Quarter 01 the Northeast Quarter of Section 13, Town- slúp 88 North, Range 2 East of the Fifth P,M., all befog in Table Mound Town- ship, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk of tbe City of Dubuque, Iowa, a plat of the Subdivision of Lot 2 of Lot 4 of the Soutbeast Quarter, Section 12, Township 88 North, Range 2 East of the Fifth P.M., Lot 1 of Lot 1 of Lot 1 of the Northeast Quarter of the Northeast Quarter of Section 13, Town- sbip 88 North, Range 2 East of the Fifth P.M., and the Northwest Quarter of tbe Northeast Quarter of Section 13, Town- ship 88 Nortb, Range 2 East of the Fifth P.M., all beiug in Table Mound Town- ship, Dubuque County, Iowa. WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission aud they have found that the same conforms to statutes and ordinances relating thereto: and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and they have found that the same conforms to statutes and ordinances relating thereto; and WHEREAS, said plat has been ap- proved by the City Planning and Zoning Commission ou the understanding that future division or development of pro- perty whicb is the subject of this plat must be approved by the City of Dubuque under similar terms and con- ditions as those imposed hereby, or must be accompanied by a proposed plan for tbe use of said property and must provide for tbe consolidation of commonly used parcels, and platted lots will be restricted by covenants to assure this understanding; and WHEREAS, said plat has been ap- proved by the City Planning and Zoning Commission on the understanding that future division or development of pro- perty which is the snbject of this plat must be approved by the City of Dubuque under conditions similar to those imposed hereby, or must be accompanied by a proposed plan for the use of said property and must provide for the consolidation of commonly used parcels, and platted lots will be re- stricted by covenants to assure this understanding; and WHEREAS, said plat has been ex- amined by tbe City Council and they fmd that tbe same conforms to the statutes and ordinances relating there- to: and ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE Richard C. Luedtke and Mary Jo McElmeel, as Trustees of the Meta Willging Luedtke Family Trust, baYing read the terms and conditions of the foregning Resolution No. 91-79 and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions reqnired there- in. Dated at Dubuque, Iowa. this lOtb day of May, 1979. /s/ Ricbard C. Luedtke /s/ Mary Jo McElmeel WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to tbe statutes and ordinances relating there- to,and WHEREAS, the City Council concurs in the understanding of the City Plan- ning and Zoning Commission with re- geed to the development of or future divisions of said property: ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE Richard C. Luedtke and Mary Jo McElmeel, as, Trustees of the Meta Willging Luedtke Family Trust, having read the terms and conditions of the NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, AprD 16, 1979 162 Special Session, April 16, 1979 161 performance of the foregoing conditious by providing security in such form and with such sureties as may be acceptable to the City Manager. Sectiou 3. That in the event Dubuque La:wi Deve/øprrumt LID., as Owners of saki SulJdivision slw11 fail to execute the o£ceptance o:nd furnish the security provÙi£d fm- in Sectilm 2 hereof. within 45 MYS after the dale of this Resolu- tion, the provisions hereof shail be nv11 and void o:nd the o£cepta:tl£e of the dedico1ion o:nd approval of the plat shail not be effective. Passed, adopted, and approved by recorded roll call this 16th day of April, A.D., 1979. Clnrke Orest Drive, o:nd Clnrke Orest Court, together with easerru¡nts fm- public utilities as the same appear upon saki plat, be o:nd the same are hereby o£cepted; Sectiou 2. That the plat of LOTS 1-11 INCLUSIVE BLOCK 1, LOTS 1-9 IN- CLUSIVE BLOCK 10, AND LOT 25 BLOCK 9 IN TIIE CITY OF DUBU- QUE, IOWA, be and the same is hereby approved o:nd the Maym- and City Clerk are hereby autlwmed o:nd directed to ewInrse the approval of the Oity of Du/mque, Iowa, upon saki plat, pro- vided the owners of saki propety herein narræd, execute their written O£cep- tance hereto o1tO£hed agreeing: a. To reduce all streets to grade and to construct Clarke Orest Drive with 10" rolled stone base and 3" of bituminous concrete surfacing and Clarke Crest Court with B" rolled stone base and 2-1/2" of bituminous concrete surfacing or 8" and 6" respectfully of Portland Cement Concrete pavement with integ- ral curb and getter. All of the foregoing shall be constructed according to the latest City of Dubuque Specifica- tions; b. To install salÚtary sewer mains and sewer service laterals in accordance with the plans submitted with the plat; c. To install water mains and water service laterals in accordance witb plans submitted with the plat; d. To install storm sewers and catch- hasins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct all improvements in compliance with any and all applicable City of Dubuque Specificatious and as approved by the City Engineer: g. To maintain the foregoing improve- ments for a period of four (4) years from tbe date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing construc- tion and maintenance at the sole ex- pense of the Developer and Subdivider, Dubuque Land Development LTD., as Owner: i. To construction said improvements, except sidewalks, prior to May 1, 1981, and to construct the sidewalks prior to May 1, 1982; j. To install in accordance with City Specifications, boulevard street ligbting within 30 days after the completion of the adjacent curb and gutter within any particular section of the proposed Sub- division; and further provided that said Dubuque Land Development LTD., as Owners of said Subdivision, secure the Passed, approved and adopted this 16th day of April, A.D. 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Council Members foregoing Resolution No. 92-79, and being familiar with tbe couditions there- of, hereby accept the same and agree to perform the conditions required tberein. Dated at Dubuque, Iowa, this 10th day of May, 1979. Isl Richard C. Luedtke Isl Mary Jo McElmeel Trustees of the Meta Willging Luedtke Family Trust. Council Member Tully moved adop- tion fo the resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning Connuission recommending approval of two final plats of Clarke Crest Estates, presented and read. Council Member Tully moved that the communication be received and filed. Secouded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzherger, Council Members Brady, King, Tully. Nays-None. Abstain-Council Member Farrell. ATTEST: Leo F. Frommelt City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tully. Nays-None. Abstain-Council Member Farrell. RESOLUl10N NO. 94-79 Resolution Approving the Plat 01 Lots 1-11 inclusive Block 1, Lots 1-9 inclusive mook 10, and Lot 25 mook 9 of "Clarke Crest Estates" in the City of Dubuque, Dubuque County, Iowa Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Council Members ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUl10N NO. 94-79 We, the undersigned, Dubuque Land Development, Ltd., having read the terms and conditions of the foregoing Resolution No. 94-79 and being familiar with the conditions thereof, hereby accept the same and agree to perform the eonditions required therein. Dated at Dnbuque, Iowa, this 1Bth day of April, 1979. DUBUQUE LAND DEVEWPMENT, LTD. By Edward Tschiggfrie President By John H. Rhomberg Secretary WHEREAS, there has been filed with tbe City Clerk, a plat of the Subdivision to be known as LOTS 1-11 INCLUSIVE BLOCK 1, LOTS 1-9 INCLUSIVE BWCK 10, AND WT 25 BWCK 9 IN THE CITY OF DUBUQUE, IOWA, BY: DUBUQUE LAND DEVELOPMENT LTD.. Owners, subject to easements of record and according to the recorded plats thereof of Lot 2 of 2 of Mineral Lot 198, Lot 2 of 3 of 2 of Mineral Lot 191, Lot 1 of Mineral Lot 204, Lots 2 and 3 of Miueral Lot 207, and Lot 2 of 1 of Clarke College Place, all in the City of Dubuque, Duhuque County, Iowa: and WHEREAS, upon' said plat appear streets to be known as Clarke Crest Drive and Clarke Crest Court, togetber witb certain puhlic utility easements wbich the Owners, by said plat, have dedicated to the public forever: and RESOLUl10N NO. 93-79 Resolution Approving the Plat of the Subdivision of Mineral Lot 2M, Mineral Lot 207, Lot 1 of Clarke College Place, Lot 2 01 Mineral Lot 198 and Lot 3 of Lot 2 of Mineral Lot 191, all in the City of Dohuque, Iowa. WHEREAS, there bas been filed witb the City Clerk a plat of the subdivision of Mineral Lot 2M, Mineral Lot 207, Lot 1 of Clarke ColleRI' Place, Lot 2 of Mineral Lot 198 and Lot 3 of Lot 2 of Mineral Lot 191, all in tbe City of Dubuque, Iowa; and TO: Leo F. Frommelt, City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 94-79 has been furnished by the Owners. Dated at Dubuque, Iowa this 17th day of April, 1979. Gilhert D. Chavenelle, City Manager Council Member Tully moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Kiug, Tully. Nays-None. Abstain-Council Member Farrell. RESOLUl10N NO. 95.79 BE IT RESOLVED, By the City Council of the City of Dobuque, Iowa, that tbe fOllowing baving complied with the provisions 01 Jaw relating to WHEREAS, said plat has been ex- amined by tbe City Planning and Zoning Connuission and had its approval en- dorsed thereon; and WHEREAS, said plat has been ex- amined by tbe City Council and they find the same conforms to the Statutes and Ordinances relating tberoto: WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commissiou and had its approval en- dorsed thereon: and WHEREAS, said plat has been ex- amined by the City Councll and tbey find that the same conforms to statutes and ordinances relating tbereto, except tbat streets have not been brought to grade, or paving, sewer or water installed; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Tho1 the above-described pI.ai be and the same is herelYy ap- proved and the May<Y1' o:nd Oity Clerk be o:nd they are. hereby o:uthorized o:nd directed to ewImse the approval of the Oity of Dubuque, Iowa upon saki plat. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedico1ions of 163 Special Session, April 16, 1979 the sale of CIgarettes witbin the City of Dohuque, Iowa, he granted a permit to sell Cigarettes and Cigarette papers within said City. Robert Robinsou 1122 Dodge St. Randy R. Petersen 504 Central Ave. Robert F. ønd Susan E. House 1618 Ceutral Ave. Passed, adopted and approved this 16th day of April 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Memher Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 96.79, WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and ap- proved; and WHEREAS, The premises to be oecupied by such applicants were in- spected and found to comply witb the Ordiuances of this City and have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED, By tbe City Council of the City of Dubuque, Iowa, that the Man- ager be authorised to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Gory Nielsen and Dwaine Bowman 841 Central Ave. (Also Sunday Sales) St. Patrick's Parish Corporation 1425 Iowa St. (Also Sunday Sales) CLASS "Cn BEER PERMIT Kay-Way, In". 250 West 1st St. (Also Sunday Sales) Leonard Oil Company 1387 dodge St. (Also Sunday Sales) Thomas M. Astgenll01 Rbomberg Ave. (Also Sunday Sales) Passed, adopted and approved this 16th day of April 1979. Ricbard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 97-79. WHEREAS, APplications for Liquor Lieenses have been submitted to this Council for approval and the same bave been examined and approved: and WHEREAS, The premises to be oecupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and tbey bave filed proper bonds: NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, tbat the Man- ager be authorised to cause to be issued to the following named applicants a Liquor License. . CLASS 'Cn (COMMERCIAL) BEER AND LIQUOR LICENSE Jeannine A. Kersch 1555 Central Ave. Knights of Columbus Council 510 781 Locust St. (Also Sunday Sales) Robert F. ønd Susan E. House 1618 Central Ave. (Also Sunday Sales) Marco's Inc. 2022 Central Ave. Passed, adopted and approved this 16th day of April 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Special Session, AprD 16, 1979 164 Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 98-79 WHEREAS, the City of Dubuque, Iowa bas heretofore passed, approved and adopted Ordinance No. 23-79 creating and establishing within the Legal De- partment of the City of Dubuque the office of Corporation Counsel, tbe office of City Solicitor and the office of Assistant City Attorney; and WHEREAS, appointments to fill said offices should be made. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai Rmnolo N. Russo be and he is hereby appointed Cm-¡xn-ation Counset in œnd f(fT' the City of Dubuque, Iowa. Sectiou 2. That Barry¡ A. LindaJú be and he is hereby appointed Oity Sotici- t(fT' in œnd f(fT' the Oity of Dubuque, Iowa. Section 3. That Wilham G. Blum be and he is hereby appointed Assistœnt Oity Attorney f~ the Oity of Dubuque, Iowa. Section 4. That eO£h of the above named shoI1 serve ffYT the term of one (1) yeœr, ternWnaiing December 31, 1979. Section 5. That the sOÚJ:ry of eO£h of the above named shoI1 remain œnd be established as currently in force œnd effect. Passed, approved and adopted this 16th day of April, 1979. Richard Wertzberger Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Couneil Members ATTEST: Leo F. Frommeit City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farrell, King, Tully. Nays-None. Communication of DEQ advising of review of standard specifications for sanitary sewer construction and further advising tbat all construction must be doue in accordance with the standard specifications currently on file, pre- sented and read. Council Member Tully moved that the communication be received and filed and referred to Engineering Depart- ment. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communicatiou of Peoples Natural Gas advising of revised rate increase of $1.74 for a typical residential heating customer, preseuted and read. Council Memher Tully moved tbat the communicatiou he received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communicatiou of Spahn & Ruse Lmnber Co. expressing opposition of a possible takeover of the property east of their lnmber yard on Jackson Street between 11th & 12th St. for a possihle site for a Keyline Bus Barn, presented and read. Council Member Tully moved that the communication be received and filed and referred to Council and Transit Board. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of State Department of Revenue advising that the local option hotel-motel tax will be imposed beginning April 1, 1979 on tbe gross receipts from the renting of any and all rooms etc. and further advising that the Iowa Geueral As:sembly is considering several proposals which could affect the collection of the taxes, presented and read. Council Member Tully moved that the communication be referred to the Coun- cil and City Manager. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- commending the installation of ligbting in Terrace Estates First Addn. for the present and recommeuding additional lighting wheu housing is completed on Aerostar Drive, presented and read. Council Member Tully moved that the recommendation be approved. Second- ed by Council Member King. Carried hy the following vote; Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Kin~, Tully. Nays-None. Communication of Planning & Zoning 165 Special Sessiou, Apri116, 1979 Commission approving tbe proposed plan for tbe proposed expansion of tbe Carnegie-Stout Library, presented and read. Library Board Cbairman Norm Mc- Mullen spoke to the communication I relative to tbe parking question for tbe future that tbey are facing. Council Member Farrell moved that tbe communication be received and filed. Seconded by Council Member Tully. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition of First Congregational Church et al (502 signatures) objecting to purehase or condemnation of Cburch Parking Lot property for the benefit of tbe new Library, presented and read. Mr. William B. Ross spoke to tbe petition. Council Member Farrell moved tbat the petition be received and filed. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. MINUTES SUBMITTED n Board of Dock Commissioners of 2-15 & 2-28: Playground & Recreation Commission of 3-12 & 3-20: Zoning Board of Adjustment of 3-29: Housing Rebabili- tation Commission of 3-27 and Youth Services Board of Directors of 3-20, presented and read. Council Member Tully moved that the minutes be received and filed. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petitions of Sally J. Cabarett request- ing refund . portion of Li~--. _un discontinued business on March 22, 1979; Inns of Iowa Ltd. requesting refund of $422.50 on unexpired portion 'of Liquor License No. LB1193 discon- tinued business ou February 23, 1979: Beverly Larsen requesting refund of $25.00 on unexpired portion of Cigar- ette License No. 14146 diacontinued business on 3-31-79, presented and read. Conncil Member Tully moved that the refunds be granted and City Auditor directed to issue proper warrants. Seconded by Council Member Farrell. Carried by the following vote: . Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. NOTICES OF CLAIMS--Mary F. Frick, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 251 W. 8tb St. on 4-3-79: Dennis Makovec, in tbe amount of $119.43, for car damage incurred as tbe result of tbe City firefighters dragging their boses across Iris car parked at 1696 Central Ave. on 3-28-79; Robert C. Rosacker, in amount of $39.66, for car damage incurred as the result of an accident at J.F.K. & Pennsylvania on 3-18-79; Ruth Sawvell, in amount of $39.19, for car damage incurred as the result of driving into a protruding iron stake at the City Garage on 4-6-79 and Mary Patricia Fox, in an nndetermined amount, for personal injuries received in a fall in tbe Five Flags Civic Center on April 4, 1979, presented and read. Conncil Member Tully moved that the Notices of Claims be referred to the City Attorney for investigation and report. Scconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communications of City Attorney recommending DENIALS of: Car dam- age claim of Michacl W. Gassman, no negligence on part of City; Car damage claim of Chi Hun Le, no negligence on part of City: Car damage claim of Elizabeth M. Myers, no negligence on part of City; Personal injury claim of Debra A. Roliug, no negligence on part of City, presented and read. Conncil Member Tully moved that tbe communications be received and filed and recommendations of denials be approved. Seconded by Council Mem- ber Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. April 4, 1979 Honorable Mayor and City Council Subrogation claim was filed in the amount of $220.00 on January 22, 1979 by Economy Fire & Casualty Company, claiming that tbeir insured, Morris J. Blum, reported bis motor velricle stoleu on December 14, 1978. Same was allegedly recovered by the Dubuque Police Department ou tbe same date. Throngb an alleged error, the report was marked "Cancelled" and tbe insur- ed was not advised of tbe recovery. Tbe claim is for recovery amounts paid by the insurance company to their insnred, Morris J. Blum, for rental fees. Tbe matter was referred to the City Attorney who has made an investiga- Special Session, Apri116, 1979 I tion of same and as a result, it is tbe recommendation of the City Attorney tbat the claim be allowed and that the City Auditor be instructed to draw warrant payable to Economy Fire & Casualty Company in the amount of $220.00 in payment of said subrogation claim. Original claim is returned herewith. R. N. Russo City Attorney Council Member Tully moved that tbe communication be received and filed and recommendations of settlement approved and City Auditor directed to issue proper warrant. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Dubuque Sym- phony Orchestra expressing thanks for the budgeting of tbeir cause in the amount of $5,000.. presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried hy the following vote: Yeas-Msyor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communicatiou of UlÚted Labor Par- ticipation Committee submitting a copy of a news release objecting to the revenue sharing funds allocations to the Chamber of Commerce, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Couneil Members Brady, Farrell, King, Tully. I Ap ed Nays-None. pro\' Communication of Donald E. Deich Sr. requesting for an official ruling from Adopt~ a higher source than the City Attorney relative to Council Member Tully's vote cast on April 2, 1979 on the Housing Code, presented and read. Council Member Farrell moved that tbe communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Me:,~~~~~:' Farrell, King, Tully. I Council Members Communication of City Attorney Sub- ATTEST: mitting an opinion tbat the minimum fine for violatiou of parking for the handicapped not displaying a special identification device is $25.00, present- ed and read. Council Member Tully moved to re- consider the action taken ou the H. R. W. Associates rezolÚng request at the 1979 1979 166 Council meeting of April 2, 1979. Seconded by Mayor Wertzberger. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Far- rell. Council Member Tully moved to table the recousideration to the Council meet- ingof May 21,1979 at 7:30 o'clock P.M. in the Council Cbamber at the City Hall. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members King, Tully. Nays-Council Members Brady, Farrell. Council Member Tully moved that the City Manager and Staff investigate and clarify matters on the H.R.W. site plans. Seconded by Mayor Wertz- berger. Carried by the following vote: ~as-Mayur%rt~~r, Council Members King, Tully. Nays-Council Members Brady, Far- rell. Council Member Tully moved that the City Clerk be instructed to publish notice of a meeting for May 21, 1979, to review site plan of H.R.W. Associates. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Tbere being no further business, Council Member Farrell moved to ad- journ. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommeit City Clerk - City Clerk