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1979 December Council Proceedings 512 ORDINANCE NO. 71-79 AN ORDINANCE VACATING A POR- TION OF KENNEDY CIRCLE, AND PROVIDING FOR TIlE CON- VEYANCE TIlEREOF TO IUCHARD V. HANSEL/ELEANOR J. RAFOTII/ WOODROW H. WENKSTERN (HRW ASSOCIATES). said Ordinance having heen previously presented and read at the Coundl Meeting of November 20. 1979, pre- sented for final adoption. ORDINANCE NO. 71-79 AN ORDINANCE VACATING A POR- TION OF KENNEDY CIRCLE, AND PROVIDING FOR TIlE CON- VEYANCE TIlEREOF TO IUCHARD V. HANSEL/ELEANOR J. RAFOTII/ Recessed Meeting, Nov. 20, 1979 Regular Session, December 3,1979 513 Yeas-Mayor Wertzberger, Council Members Farreil, King, Tuily. Nays-None. Absent-Council Member Brady. Leo F. Frommelt City Clerk Approved Adopted CITY COUNCIL OFFICIAL Regular Session, December 3, 1979. Council met at 7:30 o'clock p.m. (C.S.T.) Preserit-Mayor Wertzbel'ger. Coun- cil Members Brady, Farrell, King. Tully. City Manager W. Kenneth Gearhart. Mayor Wertzberger read the call and stated that service thereof had heen duly made and this is THE REGULAR MONTHLY MEETING of the Council called for the purpose of acting upon such business as may properly come before the Meeting. lnvocation was given hy Di Pasquale Jr" President of Loras College. Proof of Publication. certified to by the Publisher, of Notice of Hearing for the intent to dispose of interest in real estate described as "Lot 10 Block 21A in Key Koolls Sub." (Kennedy Circle), presented and read. Council Member Tuily moved that the proof of publication he received and filed. Seconded by Council Member King. Carried by the following vote: . Yeas-Mayor Wertzberger. Council Members Brady. King. Tully. Nays-Council Member Farrell. Conncil Member Tully moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Brady. Carried hy the following vote: Yeas-Mayor Wertzberger, Council Memhers Brady, Farreil, King, Tully. Nays-None. Rohert N. Bradfield, representing Committee for Civic Responsihility, re- quested Council accept no less than $127,000.00 appraised value for the property and to use that money to study plans as to increased traffic fiow. 1980 1980 - Council Members ATTEST: City Clerk ~ /WooDROW H. WENKSTERN (HRW ASSOCIATES). WHEREAS, the City Council 01 Dubuque, Iowa, has determined that this street is no longer required lor public use and the vacation thereof is hereby approved. NOW. THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a portion of Kennedy Circle as shown on the attached plat be awl the same is hereby vacated, awl Section 2. That the plat of vacated Kennedy Circle be and the same is hereby approved, awl thot said vacated Kennedy OI'rcle shall hereafter be de- scribed awl known as Lot 10, BÙJck 21A in Key Knolk Subdivision in the City of Dubuque, Ioux>, awl Section 3. That the disposal of the City's interest in and to vacated Ken- nedy Circle, also described awl known as Lot 10, BÙJck 21A in Key Knolk Sub- division in the City of Dubuque, Ioux>, for the sum of $127,007.00 be awl the same is hereby approved subject to a general easement in, over, and across vacated Kennedy Circle for public uti- Uties. Section 4. Thot the conveyance to Richord V. Hanse~ Eleanor J. Rafoth awl Woodrow H.' Wenkstern (HRW Associates) shall be made by quit claim deed reserving an easement in the name of the City of Dubuque, Ioux>, for public utüities, and delivery thereof shall be made upon receipt of the purchose price of $127,007,00 and payment of publica- tion awl filing fees. An abstract of title shall be furnished by the City. Section 5. That the City Clerk shall pubUsh notice of intent to dispose of interest in said real estate as required by ÙLW. Passed. adopted and approved, this 3rd day of December, 1979, Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Conncil Members ATTEST: Leo F. Frommelt City Cierk Publisbed of[idally in the Telegrapb Herald Newspaper this 7th day of December, 1979. Council Member Tully moved linal adoption 01 the Ordinance. Seconded by Council Member King. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger. Council Members Brady, King, Tully. 514 tion in the offiæs of the Dubuque County Recorder, the Dubuque County Auditor an4 the City Assessor. Passed, approved and adopted this 3rd day 01 December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Council Members Members Brady, Farrell, King, Tully. Nays-None. Communication of Committee lor Civic Responsibility (Robert N. Brad- field) indicating proposals in reference to neighborhood impact from planned shopping centers in the area, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member King. Carried by the folowing vote: Yeas-Mayor Wertzberger. Council Members Brady, Farreil, King, Tully. Nays-None. Commnnication of Committee for Civic Responsibility wishing to address tbe Council as to ramifications 01 the proposed BRW Sbopping Center ie: Extend Congress St. to Keystone Dr.. propose method of sale of Kennedy Circle be changed, propose City owned land in the area be sold, presented and read. Council Member Tully moved tbat the communication be received and filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Commnnication of League of Women voters submitting a list of objectiions to the C-6 Zoning reclassification proposed for Kennedy Road and Hillcrest Rd.. presented and read. Council Member Tuily moved that the communication be received aud filed. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King; Tully. Nays-None. Robert Bradfield 01592 Jelferson St., Bob Fiscb. representing W. 11th St. Neigbborhood, Paula Benuer of League 01 Women Voters and Donald Diecb all voiced objections to tbe rezoning /rom C-3 to C-6 Commercial Planned Business for various reasons. Stephanie Hahien relerred to merits of developer's lormer plans: Advised tbey now bave cbanged to another plan: Urging Conncil not to vote for rezoning request. Robert M. Bertsch, Attorney for HRW Associates. and Jay Lenner of Novel Development Co.. presented pro- posed plans for the sbopping center. Mr. Bertsch advised tbat under C-3 classification 200,000 sq. It. of bulldings is allowed: C-3 would use all acreage to justily expense 01 developing the pro- perty: Under C-6 classification they would use approx. 167,000 sq. It.: Center would consist of two major stores: but does not include J. C. Penney's or Sears & Roebuck: They bave never discussed locating any Nays-Council Member Farrell. Regular Session, December 3, 1979 Regular Session, December 3,1979 515 RESOLUTION NO. 311-79 WHEREAS. pursuant to Resolution and publisbed notice of time and place of hearing, published in the Tele- grapb-Herald, a newspaper of general circulation, published in the City 01 Dubuque, Iowa, on November 26, 1979, the City Council 01 the City of Dubuque, Iowa, met on tbe 3rd day of December, 1979, at 7:30 o'clock P.M. (CST) in tbe City Council Chambers, City Hall, Dubuque County. Iowa, to consider the proposal to dispose 01 interest 01 the City of Dubuque, Iowa, in real estate being a vacated portion 01 Kennedy Circle, now known and platted as: Lot 10, Block 21A in Key Koolls Subdivision, in the City of Dubuque, Iowa to RICHARD V. HANSEL. ELEANOR J. RAFOTH, WOODROW H. WENK- STERN (HRW ASSOCIATES): and WHEREAS, the City Council 01 the City 01 Dubuque, Iowa. overruled any and all objections, oral or written, to tbe proposal to dispose 01 interest 01 tbe City 01 Dubuque, Iowa, in the herein- above described real estate to the above named Grantees, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Ioux>, in the vacated portion of Kennedy Circle, now known and pÙLtted as Lot 10, BÙJck 21A in Key KnoUs Sub- division, in the City of Dubuque, Ioux>, to RICHARD V. HANSEL, ELEANOR J. RAFOTIl, WOODROW H. WENK- STERN (HRW ASSOCIATES) be and the same is hereby o:pproved for the sum of $127,007.00 plus publication costs an4 fiUng fees; that the con- veyance shall be by Quit Clnim Deed, an4 an abstract will be furnished by the City and that said conveyonce shall be subject to an4 the City shall retain a general easement in, over and across said vacated Kennedy Circle for public utüities, ÙJcated therein and right of ingress 0'114 egress to repair and mnin- tain the same. Section 2. That the City Clerk be an4 he is hereby directed and authorized to deliver Deed of conveyance conveying the above described real estate to the above named grantees upon receipt of the purchase price infwi. Section 3. That the City Clerk be and he is hereby rmthorized an4 directed to record a certified copy of this Resolu- ATTEST: Leo F. Frommelt City Clerk Conncil Member Tully moved adop- tion of the Resolution. Seconded by Council Member King. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, King. Tully. Nays-Council Member Farrell. Proof 01 Publication, certified to by the Publisher, 01 Notice 01 Public Hearing to consider rezoning 01 the Wly 230' 01 Lot 1 011 011 01 3 and Wly 230' of Lot 4, Lot 5, Lot 1 01 Lot 6. Lot 2 01 6, and Lot 1 017 all in Block 21A in Key Koolls Sub. Irom C-3 Arterial Business commercial District to C-6 Pianned Commercial District, presented and read. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tully. Nays-Council Member Farrell. Communication of Delos A. Durweiler relerence to public hearing lor HRW Associates, as being the most affected property owner, requesting that Coun- cil Members having a conlllct of interest abstain /rom all discussion: protect all others from noise, exhaust, etc., glaring lights, reasonable speed, erect school crossing signs, reler to the Gruen Plan, presented and read. Council Member Tully moved that the commU1Ûcation be received and filed. Seconded by Council Member King. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady. Farrell. King, Tully. Nays-None. Communication of Kerin Moldenbauer submitting a proposal lor the HRW Development to requlre developers to create a neighborhood park on the Key Way Strect side of the mall develop- ment as a buffer zone, presented and read. Council Member Tully moved that the communication be received and filed. Seconded by Council Member King. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council downtown department store on tbis site. Robert Bradfield questioned il plans deviate /rom original plans? Attorney John Cody. representing West End Neighborhood, was of opinion tbat J.F.K. Rd. cannot handie the traflic: Requested Council consider City liability and requested not to approve tbis request. AI Engling 011788 Keyway expressed concern with water problem on Keyway Dr. witb development 01 parking lot. ORDINANCE NO. 7z.79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDI- NANCE AND WNING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING PROPERTY DE- SCIUBED AS "THE WLY 230.0' OF L(Jf I OF LOT 1 OF Lar 1 OF LOT 3, TIlE WLY 230.0' OF LOT 4, LOT 5, LOT 1 OF LOT 6, LOT 2 OF LOT 6, AND LOT I OF LOT 7, ALL IN BLOCK 21kIN 'KEY KNOLLS SUB- DMSION' AND ALL OF TIlE IUGlIT-OF-WAY OF KENNEDY CIRCLE" FROM C-3 ARTEIUAL BUSINESS COMMERCIAL DISTRICT TO C-6 PLANNED COMMERCIAL DISTRICT, said Ordinance having been previously presented and read at the Council Meeting of November 5, 1979. presented lor linal adoption. ORDINANCE NO. 72-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A TIIEREOF, ALSO KNOWN AS TIlE ,"ZONING ORDI- NANCE AND WNING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PROPERTY HERE. INAFTER DESCIUBED FROM "C-3 ARTERIAL BUSINESS COMMER- CIAL DISTRICT" TO C-6 PLANNED COMMERCIAL DISTRICT." WHEREAS, H.R.W. Associates have filed a Preliminary Development Plan for said property in accordance with provisions 01 the Planned Unit Develop- ment District regulations as set lorth in Section 4-110 01 Article IV of the Code of Ordinances, Appendix A thereof, 01 tbe City 01 Dubuque. Iowa: and WHEREAS, H.R.W. Associates have Kennedy Circle, oIl in the City of Dubuque, Iowa. Section 2. That the reclassification frrYm "C-3 Arterial Business CrYmmer- cial" to "C-6 PÙLnned CrYmmercial District" applied to the property herein- above described is a tentative reclassifi- cation an4 fiwl adoption of the amen4- ment as setforth in Section 1 of this Ordinance shall be subject to the requirements of Section 4-110.11.3 of the Code of Ordinances, Appen4ix A thereof, also known as the "Zoning Ordinance an4 Zoning Map of the City of Dubuque, Iowa", whereby ft'rwl adop- tion of said reclassification is contingent upon submission of a Fiwl Development PÙLn by the deveÙJper within six (6) months of the effective date of this Ordinance and further that fuilure by the deveÙJper to crYmply with the requirements as setforth herein, shall all1ornJjticoIly revert said property to its former "C-3 Arterial Business CrYm- mercial District" classification. Passed, approved and adopted this 3rd day of December, 1979. Ricbard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Conncil Members Nays-None. Communication of Dubuque Transit Trustee Board Chairman requesting that a meeting be set up with the Council to consider payment for their two mini busses to be arriving shortly; Tom Berryman to address tbe Council, presented and read. Mr. Berryman, Chairman 01 Transit Trustee Board, spoke to the Council requesting $10,020.00 to pay for pur- chase of 2 mini buses. Council Member Brady moved that the communication and request be deferred to the Council Meeting to be held on December 17, 1979. Seconded by Council Member Farreil. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE amending Code 01 Ordinances of the City of Dubuque by repealing Sections and enacting new Sections pertaining to revising and re-establishing a Building Code for tbe City, creating the office of Building Official, regulating the construction, erection, development etc. 01 Buildings, said Ordinance having been previously presented and read at the Council Meeting of November 19. 1979. pre- sented and read. Lloyd Gudenkaul. of Independent Home Builders Association spoke to the Ordinance and requested to bring up general membership opposed to lee structure. Council Member Tuily moved that the reading just had be considered the second reading of the Ordinance. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. Communication 01 Planning & Zoning Commission requesting favorable con- sideration 01 tbe Final Plat 01 "Bill's Place" located off Cedar Cross Road, presented and read. Council Member Tully moved that the commuuication be received and filed. Seconded by Council Member Farren. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Tully. Nays-None. Abstain-Council Member King. 516 Regnlar Session, December 3, 1979 Regular Session, December 3,1979 517 also filed an application for reclassifi- cation 01 certain property hereinafter described from "C-3 Arterial Business Commercial District": "to C-6 Planned Commercial District" in accordance with the provisions lor zoning reclassification as set lortb in Article VIII 01 the Code 01 Ordinances, Appendix A tbereol, of the City 01 Dubuque, Iowa; and WHEREAS, tbe Planning and Zoning Commission has heid a public hearing ou said Preliminary Development Plan and said application for zoning reclassifi- cation pursuant to requlred published notice; and WHEREAS, the Planning and Zoning Commission has approved said Pre- liminary Development Plan and said application lor zoning classification hav- ing lound tbat said Plan conlorms witb the review standards applicable to such plans as set lortb in Section 4-110.10 01 Article IV 01 tbe Code 01 Ordinances, Appendix A thereol, 01 the City of Dubuque, Iowa; and WHEREAS, tbe Planning and Zoning Commission recommended tbe concur- rence of the City Council in approval of said Preliminary Development Plan and said application lor zoning reclassifica- tion; and WHEREAS, the City Conncil bas re- ceived tbe recommendation of the Plan- ning and Zoning Commission and has held its own public hearing on said Preliminary Development Plan and said application lor zoning reclassification pursuant to required published notice; and WHEREAS, tbe City Council has approved said Preliminary Develop- ment Plan and said application lor zoning reclassilication; and NOW, TIlEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section I. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A ,there- of, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by reclassifying from "C-3 Ar- terial Business CllTnmercial District" to "C-6 PÙLnned CrYmmercial District" the fo/J.(}wing described property, to wit: The Westerly 230.0feet of Lot 1 of Lot 1 of Lot 1 of Lot 3, the Westerly 230.0 feet of Lot 4, Lot 5, Lot 1 of Lot 6, Lot 2 of Lot 6 and Lot 1 of Lot 7, oIl in BÙJck 21A in "Key Knolls Subdivi- sion" and all of the right-of-way of ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper tbis 7tb day of December, 1979. Leo F. Frommelt City Clerk It 12/7 Council Member Tully moved linal adoption 01 the Ordinance. Seconded by Conncil Member King. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, King, Tully. Nays-Council Member Farrell. COUNCIL RECESSED AT 8:38 P.M. RECONVENED AT 8:47 P.M. Proof 01 Publication, certified to by tbe Publisher. 01 Notice to consider a project lor whicb Federal Operating Assistance from UMTA is being sought to offset part 01 tbe Operating Cost of Keyline. in the amount 01 $685,016., Federal Share $342,508., presented and read. Council Member Farrell moved tbat tbe prool 01 publication be received and filed and request to seek Federal share from UMTA be approved. Seconded by Council Member Tully. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King. Tully. RESOLUTION NO. 312-79 Resolution Approving the Plat of "Bill's Place" in the City 01 Dubuqne, Iowa. WHEREAS, tbere bas been filed witb the City Cierk a plat in which Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 - - 01 Lot 1 01 Lot 1 of Lot 2 01 Mineral Lot 220 in Section 34, Township 89 Nortb, Range 2 East of 5th Principal Meridian. being in Dubuque Township, Dubuque County. Iowa, now in tbe City 01 Dubuque. Iowa. and Lot 2 of Lot 1 01 Lot 1 01 Lot 2 01 Lot 3 of Mineral Lot 219 in Section 34, Township 89 North, Range 2 East 01 5th Principal Meridian. being in Dubuque Townsbip. Dubuque County, Iowa, now in the City 01 Dubuque, Iowa, is platted as Lots 1, 2, 3, and 4, each in "Bill's Place" in the City of Dubuque, Iowa; and WHEREAS, upon said plat appears a street to be known as Nigbtengale Lane. and certain public utility ease- ments whicb the owners, by said plat, have dedicated to tbe public lorever; and WHEREAS, said plat has been ex- amined by the City Planning and Zoning Commission and they lind tbat the same conlorms to the statutes and ordinances relating thereto, except that tbe pro- posed Lot 4 of "Bill's Place" is not 01 sufficient size to constitute a separate building site; and WHEREAS, said plat has been ap- proved by tbe City Planning and Zoning Commission on tbe condition tbat tbe proposed Lot 4 01 "Bill's Place" cannot be developed except as part 01 another lot or lots; and WHEREAS, said plat has been ex. amined by the City Council and tbey find the same conforms to the statutes and ordinances relating thereto; except that the curb and gutter, and sewer and water have not been installed, on tbe understanding that tbese and other improvements may be installed at a future date by the City's special assess- ment process; and WHEREAS, the City Conncil concurs in tbe condition or approval established by tbe City Planning and Zoning Commission; NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Nightengale Lane, together with pubUc ll1ilities as the same appear upon said plas, be and the same are hereby accepted; Section 2. That above described plat be an4 the same is hereby approved an4 the Mayor and City Clerk be an4 they are hereby authorized and directed to endorse the approval of the City upon 519 Regular Session, Deeember 3, 1979 RegnIar Session, December 3, 1979 518 Freihage; and WHEREAS, said persons have de- livered a Warranty Deed conveying real estate to tbe City 01 Dubuque, Iowa. described as: Lot. 2 of Lot 2 of Lot 1 of Block 21- A iu Key Kooils Subdivision in the City 01 Dubuque, as shown on the attached plat Exhibit "A"; and Iowa, has acquired the real estate hereinafter described from Dubuque Savings and Loan Association; and Nays-None. sailÌ pÙLt, provided thot the owner of said property shull execute a written acceptance hereto attached, acknow- ledging an4 agreeing: a ) That Lot 4 of "RiU's PÙLce" cannot be deveÙJped except as it is made part of a conforming zaning Wt. b ) That curb an4 gutter, sewer an4 water an4 other necessary public improvements may be installed in Nightengale Lane at a future date by the City's special assessment process. Section 3. That in the event WiUiam R. Merfeld and Patricia M. Merfeld, as owners of said subdivision shall fail to execute the Acceptance provided in Section 2 hereof within forty-five (45) days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the PÙLt and acceptance of the dedications shall not be effective. Passed, adopted and approved tbis 3rd day of December, 1979. Richard Wertzberger, Mayor Tbomas A. Tully, Jr. James E. Brady Carolyn Farrell Council Members RESOLUTION NO. 313-79 WHEREAS, said persons have de- livered a Warranty Deed conveying real estate to tbe City of Dubuque. Iowa, described as; Lot 2 01 Lot 1 of Westview Shopping Center Place in tbe City of Dubuque, as shown on tbe attacbed plat Exhibit "A"; and WHEREAS, said delivery of deed dated October 31, 1979, by said persons to the City 01 Dubuque, Iowa. should be accepted; WHEREAS, the City of Dubuque, Iowa, has acquired tbe real estate bereinaiter described from Mary Jean Sweet and Harold W. Sweet, and WHEREAS, said persons have de- livered a Warranty Deed conveying real estate to the City of Dubuque, Iowa. described as: Lot 2 of Lot 3 of Block 4 in Mettel- Link Addition, in the City 01 Dubuque, as shown on the attached plat Exhibit "A"; and WHEREAS. said delivery 01 deed dated November 27, 1979, by said persons to tbe City of Dubuque. Iowa, sbould be accepted; NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by: AÙLn B. Frei/wge and Donna J. Freihage, Edward A. Frei- /wge an4 Ulrihe A. Freihage dated November 27, 1979 conveying to the City of Dubuque, Ioux>, the herein- above described real estate be an4 the same is hereby accepted. Section 2. That the City Clerk be an4 he is hereby authorized an4 directed to ca,use said Warranty Deed to be record. ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be an4 he is hereby directed to forward a certified copy of this Resolution to the Dubuque City Assessor an4 the Dubu- que County Auditor. Passed, adopted, and approved tbis 3rd day 01 December, 1979. Ricbard Wertzberger, Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farreil Council Members NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by: Dubuque Savings an4 Loan Association dated October 31, Ig79, conveying to the City of Dubuque, IOUX1, the hereinabove described real estate be an4 the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized an4 directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be an4 he is hereby directed to forward a certified copy of this Resolution to the Dubuque City Assessor and the Dubuque County Auditor. Passed, adopted, and approved tbis 3rd day 01 December, 1979. Ricbard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Conncil Members WHEREAS, said delivery of deed dated November 19, 1979, by said persons to the City of Dubuque, Iowa, should be accepted; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCil, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by: Mary Jean Sweet a.n4 Harold W. Sweet dated November Ig, 1979, conveying to the City of Dubuque, Iowa, the hereinabove described real estate be and the same is hereby accepted. Section 2. That the City Clerk be an4 he is hereby authorized and directed to cause sailÌ Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be an4 he is hereby directed to forward a certified copy of this Resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted. and approved tbis 3rd day of December. 1979. Ricbard Wertzberger. Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 312-79 We, tbe undersigned William R. Merleld and Patricia M. Merfeld baving read the terms and conditions of tbe foregoing Resolution' No. 312-79 and being familiar witb tbe conditions tbere- 01, hereby accept the same and agree to the conditions setlortb herein. Dated at Dubuque, Iowa, this 4tb day of December, 1979. By Wiiliam R. Merleld By Patricia M. Merleld Conncil Member Tully moved adop- tion of the Resolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, Tully. Nays-None. Abstain-Conncil Member King. Communication 01 City Manager sub- mitting resolutions for City's acceptance 01 Warranty Deeds lor parcels of J.F.K. Road, presented and read. Counril Member Farrell moved tbat the communication be received and filed. Seconded by Council Member Tully. Carried by tbe following vote: Yeas-Mayor Wertzberger. Council' Members Brady, Farrell. King, Tully. ATTEST: Leo F. Frommelt, City Clerk Conncil Member Farrell moved adop- tion 01 the Resolution. Seconded by Conncil Member Tully- Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. Communication of City Manager re- questing autbority to solicit bids lor Word Processing Equipment, presented and read. Council Member Tully moved that tbe commuuication be received and liIed. Seconded by Council Member Farrell. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger, Council ATTEST: Leo F. Frommelt, City Clerk Council Member Farreil moved adop- tion of the Resolution. Seconded by Council Member Tully. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger. Conncil Members Brady, Farrell, King. Tully. Nays-None. ATTEST: LeoF.Frommelt, City Cierk Council Member Farrell moved adop- tion of tbe Resolution. Seconded by Council Member Tully. Carried by tbe following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King. Tully. Nays-None. RESOLUTION NO. 314-79 RESOLUTION NO. 315-79 WHEREAS, tbe City of Dubuque, Iowa, bas acqulred the real estate bereinalter described lrom AIan B. Freihage and Donna J. Freibage, Ed- ward A. Freibage and Ulrike A. WHEREAS, tbe City 01 Dubuque, 520 Regolar Session, December 3, 1979 Members Brady. Farrell, King, Tully. Nays-None. RESOLUTION NO. 316-79 WHEREAS, Applications for Beer Permits bave been submitted and filed to this Council for approval and tbe same have been examined and approv- ed; and WHEREAS, The premises to be occnpied by sncb applicants were in- spected and lonnd to comply with tbe Ordinances 01 this City and bave filed proper bonds; NOW, TIlEREFORE, BE IT RE- SOLVED, By the City Conncil of the City 01 Dubuque, Iowa, tbat tbe Manager be antborized to canse to be issued to the foilowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Clarke College 1500 Clarke Drive CLASS "C" BEER PERMIT Earl Tegeler 2311 Windsor Ave. (AIso Sunday Sales) Passed, adopted and approved tbis 3rd day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members Leo F. Frommelt, City Clerk Conncil Member Tully moved adop- tion 01 tbe Resolution. Seconded by Conncil Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Abstain-Conncil Member Farrell on Clarke College. RESOLUTION NO. 317-79 WHEREAS, Applications lor Liquor Licenses have been submitted to tbis Councillor approval and the same have been examined and approved; and WHEREAS, The premises to be occupied by sucb applicants were in- spected and fonnd to comply witb the State Law and all City Ordinances relevant tbereto and they have filed proper bonds; NOW. THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be autborized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Joseph F. Bleile 2600 Central Ave. Steven T. Sehnee 1902 Centrol Ave. Benevolent & Protective Order 01 Elks # 297 2699 J.F.K. Rd. M.K.C. Ltd., Inc. 815 Century Drive (AIso Sunday Sales) Gregory J. Adams and Jeffrey T. Maggio 1064 University (AIso Sunday Sales) Passed, adopted and approved tbis 3rd day of December, 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 Conncil Member Farreil. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Commuulcation 01 DOT advising, by olficial notification, of the proposal to let a full-width asphaltic concrete resnr- lacing project on Primary U.S. #20 from Iowa 966 easterly to intersection of Grandview Ave. at no cost to tbe City, presented and read. Oonncil Member Tully moved that the communication be received and filed. Seconded by Conncil Member Farrell. Carried by tbe foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Public Notice of Army Corps 01 Engineers advising tbat DOT has ap- plied for a permit to perform work in conjunction with the replacement of tbe 16tb Street Bridge over Peosta Cban- nel, presented and read. Conncil Member Tully moved that the Public Notice 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 Assessor sub- mitting stipulations 01 settlement as agreed upon by Car-Ad-Co lor 1977. Regular Session, December 3, 1979 521 1978, 1979 taxes, 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, Farreil, King, Tully. I Nays-None. Communication of Dubuque Com- munity Scbool District, relative to proposed sprinkler Ordinance indicating a conservative cost estimate to install an automatic sprinkler system would be nearly two million dollars at today's cost. presented and read. Oouncil 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-None. Communication of Building & Housing Inspectors submitting a progress re- port as previously requested hy the Council, as to the condition of the borne of George Connelly at 1750 Miller Road, presented and read. Council Member Tuily moved tbat the communication 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-- Ambulance Study Task Force of 11-9,11-13,11-17, 11-20; Dubuque Park Board of 10-12. I 11-16; Dock Commission 0110-25. 11-8, ' 11-15; Board of Zoning Adjustment of 10-18; Transit Trustee Authority of 11-7, 11-8; Information and Referral Service from 7-2 to 10-31 report; Airport Commission of 11-15; Housing Commission of 11-20; Planning & Zoning Commission of 11-20. presented and read. Council Member Tully moved tbat the minutes be received and filed. Second- ed by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King. Tully. Nays-None. Petition of Mrs. Harvey Oswald requesting a street ligbt on Louise St. (Peru Road area), presented and read. Council Member Tully moved that the petition be referred to the City Man- ager and Electrical Inspector. Second- ed by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell. King. Tully. Nays-None. Petitions of Bar X Inc. requesting a refund of $50. on unexpired portion of Cigarette License No. 1650. discontinu- ed business on 11-21-79 and Mary Totb requesting refund of $75. on nnused Cigarette License No. 1906, presented and read. Council Member Tully moved that tbe refunds be approved and City Auditor directed to issue proper warrants. Se. conded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Notice of Claim of Jobn G. Spechten- hauser, in the amount of $68.22 for expenses incurred as the result of a backed-up sewer at 2804 Central Ave.. on 10-18-79; Notice of Prohibited Prac- tice Complaint by Amalgamated Transit Union Division 329 as tbe result of City action by amending Collective Bargain- ing Agreement witb the General Drivers & Helpers Union, wbich con- stituted a unilateral cbange by a public employer; Notice 01 Suit 01 Willard Daugherty for a sum that will fairly and adequately compenstate bim for person- al injnries received in a fall on an ice and snow covered sidewalk on 2-27-78 at IOtb & Bluff Sts" presented and read. Council Member Tully moved that tbe Notices be relerred to the Corporation Oounsel. Seconded by Council Member Farrell. Carried by the lollowing vote; Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. Prool 01 Publication. certified to by tbe Publisber, of List of Claims and Receipts for the montb 01 October, 1979, presented and read. Conncil Member Tully moved tbat tbe proof of publication be received and filed. Seconded by Council Member Farrell. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger, Council Members Bradv. Farreil. King, Tully. Nays-None. Printed Council Proceedings lor the montb of July, 1979. presented for approval. Oouncil Member Tully moved that the Oonncil Proceedings be approved as printed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. Communication of Corporation Coun- sel recommending denial 01 the personal injnry claim of AI Baumbover, amicably disposed 01, presented and read. Council Member Tully moved that tbe communication be received and filed and recommendation 01 ,denial ap- proved. Seconded by Council Member 522 Regular Session, December 3, 1979 Special Session, December 17,1979 523 CITY COUNCIL Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tuily. Nays-None. Conununication of Corporation Coun- sel advising 01 settlement of the suit of David M. Kohl, for personal injuries, at no expense to tbe City, presented and read. Council Member Tuily moved that tbe communication be received and filed and settlement approved. Seconded by Conncil Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. At 9:45 p.m. Council Member Brady moved to go into Executive session to discuss pending legal matters and in- clude the City Manager and Public Works Director. Seconded by Council Member Tully. Carried by the loilow- ing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council reconvened in regular session at 10:04 p.m. Mayor Wertzberger an- nounced that Corporation Counsel had been given direction concerning litiga- tion on the Sewage Treatment Plant. Council Member Tully moved that Corporation Counsel be requested to file an appeal involving suit in tbe selection of a City Manager. Seconded by Council Membel' Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. There being no further business, Council Member Tully moved to ad- journ. Seconded by Council Member' Brady. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. Leo F. Fronunelt, City Clerk OFFICIAL Special session, December 17. 1979. Council met at 7:30 p,m. (C.S:r.) Present-Mayor Wertzberger, Coun- cil Members Brady, Farrell\.- King, Tully. City Manager W. Kenneth Gearbart. Mayor Wertzberger read tbe cail and stated that service thereof bad been duly made and this Meeting is called for the purpose of CONSIDERING FINAL ADOPTION OF VARIOUS ZONING ORDINANCES and acting upon such other business as may properly come before a IWgular Meeting of the City Conncil. Proclamation proclaiming week of Decemher 16th thrn 23rd, 1979 as "Iowa Shares Week" was read and so pro- claimed by Mayor Wertzberger. Proof of Pnblication. certified to by the Publisher, of Notice of Pnblic Hearing to amend the Zoning Ordinance to reclassify Lot 2 of the Sub. of the Nortb 64'8" of City Lot 613 (479-481 muff St.) from R-3 Residential Distriet to OR-1 Office Residential District, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for tbe hearing. Council Member Farrell moved that the proof of the publication be received and filed. Seconded by Council Member Tnlly. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Approved Adopted 1980 1980 Council Members ATTEST: City Clerk November 30, 1979 Honorable Mayor & City Council This is to advise that 1 herewith tender my resignation from the office of City Clerk. I herewith give notice that I would desire to make my resignation effective upon your appointment of a successor, but in no event should this go beyond the 1st 01 April, 1980. I wish to take this opportuuity to thank each and all members of the City Halliamily lor all their kindnesses and the courtesies extended to me. I leave this office with a warm feeling in my heart, confident in the knowledge that 1 have given my best to the inhabitants 01 this conunnuity. Leo F. Fronunelt. City Clerk Council Member Tolly moved tbat tbe conunuuication be received and filed and relerred to Council. Seconded by Council Member King. Carried by the ORDINANCE NO. 73-79 AN ORDINANCE OF TIlE CITY OF, IJUBUQUE, IOWA, PROVIDING '11IAT TIlE CODE OF ORDINANCES, CrfY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENnIX A nmREOF, ALSO KNOWN AS TIlE "ZONING ORDI- NANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING PROPERTY AT 479- 481 BWFF STRF.El' FROM R-3 RE- SIUENTIAL DIS'I1UCT CLASSIFI. CATION '1'0 OR-I OFFICE RESI- IJENI1AL DISTRICT CI,ASSIFICA- TION, said Ordinance having been pre- viously preseoted and read at the Council Meeting of November 19, 1979, presented for final adoption. ORI)INANCE NO. 73-79 AN ORDINANCE OF 'I11E CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES, Cl'fY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PF~IX A THEREOF, ALSO KNOWN AS TIlE "ZONING ORDI- NANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRffiED PROPEIffY AT 479-481 BLUFF STREET FROM R-3 RESI- DENTIAL DISTRICT CLASSIFICA- TION TO OR-l OFFICE/RESI- DENTIAL DISTRICT CLASSIFICA- TION. NOW, THEREFORE, BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by revising Avpen4ix A there- of also known as the "Zoning Ordinance an4 Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter de- scribed property from "R.j ResidentWl District" classification to "OR-1 Office/ Residential District" classification to wit: Lot 2 of the Subdivision of the North 64 ft. 8 in. of City Lot 613 in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment hos heretofore been approved by the PÙLnning and Zoning Commission of the City of Dubuque, Iowa, Passed, adopted and approved this 17th day of December, 1979. Richard Wertzberger. Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Fl'ommelt, City Clerk Published officially in the Telegrapb Herald Newspaper this 21st day of December, 1979. Leo F. Fronunelt, City Clerk 11 12/21 Council Member Farrell moved final adoption 01 the Ordinance. Seconded by Connell Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. 'fully. Nays-None. Proof of Publication. certified to by the Publisher, of Notice of Public Hearing to amend the Zoning Ordi- nance to reclassify Westerly 151.5' of Northerly 21'4" of City Lot 612, and Sontherly 43'4" of City Lot 613 (425-41 muff) from IT-3 to OR-1 Classification, presented and read. 524 Special Session, December 17,1979 No written objections were filed and no oral objectors were present in the Conncil Chambers at the time set for tbe bearing. Council Member Tuily moved tbat the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. ORDINANCE NO. 74-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPEN- DIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDINANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RECLASSI- FYING HEREINAFI'ER DESCRIBED PROPERTY TO TIlE REAR OF 425- 441 BLUFF STREET FROM R-3 RESI- DENTIAL DISTRICT CLASSIFICA- TION TO OR-I OFFICE/RESIDEN- TIAL DISTRICT CLASSIFICATION, said Ordinance having been previously presented and read at the Council Meeting of November 19, 1979, pre- sented for linal adoption. AN ORDINANCE NO. 74-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, 'IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDI- NANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING HEREINAFrER DESCRIBED PROPERTY TO TIlE REAR OF 425-441 BLUFF FROM R-3 RESIDENTIAL DISTRICT CLASSIFI- CATION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- nances of the City of Ðuhuque, Ioux>, be amended by revising Appendix A there- of, also known as the "Zoning Ordi- nance and Z(YT/ing Map of the City of Dubuque, Iowa" ,- _--Ln'" . after described Residential Dis "OR.l Office/Residential District" cÙLssification. to wit, Tha Easterly 151.5ft. of the Northerly 21 ft. .. in. of City Lot 612, and the Southerly J,3 ft. .. in. of City Lot 613, in the City of Dubuque, Iowa Section 2. That the foregmng œmend- ment hos heretofore been approved by the PÙL"",ng an4 Zoning Commission of the City of Dubuque, Iowa Passed, adopted and npproved this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Fan-ell Council Members ATTEST: Leo F. Frommelt, City Clerk Published olficially in the Telegraph Herald Newspaper this 21st day of December, 1979. i Leo F. Frommelt, City Clerk It ,12-21 Council Member Tully moved final adoption olthe Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Prool 01 Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zonin~ Ordi- nance by reclassifying Sly portion of Lot 1 011 of Clarke College Place from ID Institutional District to R-2 Residential District Classification (east along N. Grandview west 01 Clarke College), presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the hearing. Council Member Tully moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Fan-ell, King, Tully. Nays-None. ORDINANCE NO. 75-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING AP- PENDIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDI. NANCE AND ZONING MAP OF TIlE CITY OF DUBUQUE, IOWA", BY RE- CLASSIFYING HEREINAFTER DESCRIBED - PROPERTY EAST ALONG NORTH GRANDVIEW WEST OF CLARKE COLLEGE FROM ID INS'I1TUTIONAL DISTRICT CLASSIFICATION TO R-2 RESI- DENTIAL DISTRICT CLASSIFI- CATION, said Ordinance having been previously presented and read at tbe Special Session, December17, 1979 525 Council Meeting of November 19, 1979, presented for final adoption. ORDINANCE NO. 75-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REVISING APPENDIX A TIIEREOF, ALSO KNOWN AS TIlE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HERE- INAFrER DESCRIBED PROPERTY EAST ALONG NORTH GRANDVIEW WEST OF CLARKE COLLEGE FROM ID INSTITUTIONAL DISTRICT CLASSIFICATION TO R-2 RESI- DENTIAL DISTRICT CLASSIFICA- TION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- nances of the City of Ðuhuque, Iowa be amen4ed by revising Appen4ix A there- of, also known as the "Zon!ng Ordi- nances and Zoning Map of the City of Dubuque, Iowa", to recÙLssify here!n. after described property from "ID In. stitutional District" cÙLssification to "R-2 Residential District" cÙLssification to wit; The Southerly portion of Lot 1 of Lot 1 of Lot 1 of "CÙLrke CoUege PÙLce" being described as folWws; Com- mencing at the point of Beginning being the southeast corner of Lot 1 of Lot 1 of Lot 1 of "CÙLrke College Plm:e" thence Northerly 630 ft. '0 a point, thence Westerly #7 ft. to the center I1ne of North Grandview Ave- nue, thence continuing Southerly 680 ft. alonq the center line of North Gran4view Avenue to a point, thence Easterly 372 ft. to the point of Begin- ning Wi described herein, all in the City of Dubuque, Iowa Section 2. That the foregoing amend- ment hos heretofore been approved by the PÙLnmng an4 Zon!ng Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 17th day of December. 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Micbael King James E. Brady Carolyn Farreil Conncil Members ATTEST: Leo F. Frommelt. City Clerk Published officially in the Telegrapb Herald Newspaper this 21st day of December, 1979. Leo F. Frommelt, City Clerk It 12-21 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Prool of Publication, certified to by the Publisher, of Notice of Public Hearing on the finding of no signifi- cant effect on the environment 01 tbe Sheridan Village Housing Project, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chambers at tbe time set for the hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Brady. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Nays-None. Abstain-Conncil Member Tully. Communication 01 Community De- velopment Director requesting adoption 01 a resolution to authorize submission requesting HUD to release $30,000. as " City Share for Sheridan Village Project, 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 Wertzberger, Council Members Brady, Farreil. King. Nays-None. Abstain-Council Member Tully. RESOLUTION NO. 318-79 Authorizing Submission of a Reqnest for Relesse of Fonds for Certian Com- munity Development Block Grant Pro- jects. WHEREAS, the City of Dubuque in conlormance with the Environmental Review Procedures lor tbe Community Development Block Grant Program completed an Environmental Assess- ment 01 tbe lollowing identified proposal (project) with Community Development Block Grant funds; and Sheridan Village Housing Project WHEREAS, pursuant to Resolution No. 300-79, adopted November 19, 1979, Public Notice 01 a "Finding 01 No Significant Ellect on tbe Environment" for the proposal (project) was published November 20, 1979. in the Dubuque Telegrapb Herald. a newspaper of general circuiation. and provided lor a public comment period until 12:00 Noon, 526 Special Session, December 17,1979 Wednesday, December 12; and WHEREAS, Public Notice of a "Find- ing of No Significant Effect on the Environment" lor the proposal Iproject) was sent by regular mall to 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 Public Notice; and WHEREAS, any and all objectives, if any. to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department 01 Housing and Urban Development for release 01 funds under the said Act to carry out the above identified project; now therelore BE IT RESOLVED BY THE CfTY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Environmental Review Record for each of the proposals I projects) shall continue to renwin on file in the Office of the City Clerk, where said records may be examined an4 copied by any ,;¡terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized an4 directed to sulnnit to the u.S. Depart- ment of Housing an4 Urban DeveÙJp- ment on December 26, 1979, a request for release of fun4s to um/ertake the said Project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the stat", of a responsible Federal official un4er the Nati<mal Environmental Protection Act, insofar as the provisions of the said Act apply to the u.S. Department of Housing an4 Urban DeveÙJpment's responsibilities for review, decision- making, an4 action assumed an4 carried out by the City of Dubuque as to environmental issues. Section 4 Thai; the Mayor of the City of Dubuque is hereby authorized to consent pers<mal1y, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities ¡n reÙLtion to environmental reviews, decision-rna/ang an4 action. Section 5. That the Mayor of the City of Dubuque be an4 he is hereby authorized an4 directed to execute a Certification pertaimng to the environ- mental review procedures. Section 6. That the City Clerk be an4 he is hereby authorized an4 directed to publish a Public Notice for a Request for Release of Fum/e an4 Certification ¡n the form of E,'xhibit "A" attached hereto an4 made a poTt hereof. Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk EXIDBIT"A" PUBLIC NOTICE Pursuant to tbe Environmental Re, view Procedures for the Community Developmeot Block Grant Program, the City of Dubuque intends to file a request on December 24, 1979, for Release 01 Funds lor Certification of the following identified project to be under- taken with funds made available under Title I of the Housing and Community Development Act of 1974. Sheridan Village Housing Project The City 01 Dubuque has made an Environmental Review Record for the project, and has placed tbese records on file in the Office of the City Clerk in City Hall, 13th and Central Streets, Dubuque, Iowa, where said records may be examined and copied bctwecn the bours of 8:00 a.m. and 5:00 p.m.. Monday through Friday until 5:00 p.m. on the 4tb day of January. 1980. The name of the applicant is the City of Dubuque, Iowa, and the Chief Execu- tive Officer of tbe applicant is Mayor Richard P. Wcrtzberger. The mailing address for both the applicant and the Chief Exeoutive Officer is City lIall, 13th and Contral Streets, Dubuque, Iowa. The City of Dubuque will undcrtake the project described above with Block Grant Funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Commnnity Development Act 01 1974. Thc City of Dubuque is certifying to lillD that the City of Dubuque and Richard P. Wertzberger, in his official capacity as Mayor, consent to accept the jurisdiction of the Federal courts if an action is brought to enforce re- sponsibilities in relation to environ- mental reviews, decision-makiog, and action; and tbat tbese responsihilities have been satisfied. The legal effect of the certification is that upon its appro- val, tbe City of Dubuque may use tbe Block Grant Funds and HUD will have Special Session, December 17,1979 527 satisfied its responsibilities under tbe National Environmental Policy Act 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: la) That tbe certification was not in fact executed by the Chief Executive Officer or other officer 01 applicant approved by lillD; or (b) that applicant's environ- mental review record for the project indicates omission of a required de- cision. finding, 01' step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure 124 CFR Part 58), and may be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Ob- jections to the release 01 funds on bases other than tbose stated above will not be considered by HUD. No objection received after the 4th day of January. 1980, will be considered by HUD. Leo Frommelt, City Clerk Council Member Farreil moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King. Nays-None. Abstain-Council Member Tuily. Communication of Dubuque Transit Trustee Board requestin~ to exPlore possibility of receiving funds, outside of tbeir budget, lor tbe operation of two mini busses (Iorward Irom meeting of 12-3-79). presented and read. Council Member Tuily moved tbat the communication be received and filed. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Conncil Members Brady, Farrell. King, Tully. Nays-None. Commnnication of Dubuque Transit Board submitting a breakdown of cost 01 operating two mini-busses in ac- cordance with December 3rd meeting indicating that $10,073.00 is needed. presented and read. Transit Board Chairperson Berryman advised Council that mini-busses will be delivered by the end of this montb; Of opinion it is cheaper to operate mini- busses. Transit Board Member Heath- cote and Transit Manager Kohler spoke in favor of request. Transit Board Member Pregler informed Council they may fail to meet one of their objectives with the Federal Govcrnment D.O.T. for next year. Council Member Tully moved tbat the communication and request be referred back to the Transit Board and Project Concern lor Budget re-consideration in January. Seconded by Council Member Brady. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. COUNCIL RECESSED AT 8:30 P.M. RECONVENED AT 8:33 P.M. Communication of Attorney Roth, representing the Dubuque Independent Homebnilders Assn. requesting per- mission to address the Council, in opposition to bnilding permit fees in- creases, presented and read. Conncil Member Farrell moved to suspend the rules to let anyone present address the Council il tbey so desire. Seconded by Council Member TlÙly. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Atty. Mary Schumacber and Lloyd Gudenkauf spoke to the Council asking for a flat lee; Of opinion tbere are too many lees; Objected to increase 01 basic borne permit; 30 % increase is too great; Proposing 7 % now plus 10 % increase in 1981. Mayor Wertzberger moved to amend the proposed Ordinance to "Delete any requlrements of installation of devices for monies expended". MOTION DIED FOR LACK OF A SECOND. Council Member Tully moved that tbe communication 01 Attorney Roth be received and /iled. Seconded by Council Member Farrell. Carried by tbe lollowiug vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-iNone. ORDINANCE NO. 76-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, AMENDING SEC. TIONS 10-1, 10.2 and 10-3 OF TIlE CODE OF ORDINANCES BY RE- PEALING SUCH SECTIONS A'ID ENACTING NEW SECTIONS 10-1, 10-2 and 10-3 IN LIEU TIlEREOF PERTAINING TO REVISING AND RE-ESTABLISHING A BUlLDING CODE FOR THE CffY OF DUBUQUE, IOWA, CREATING TIlE OFFICE OF BUlLDING OFFICIAL, REGULAl1NG TIlE CONSTRUCTION, ERECTION, ENLARGEMENT, ALTERATION, RECONSTRUCTION, REPAIR, RE- MOV AL, MAINTENANCE, USE, HEIGHT, AREA, EQUll'MENT AND INSPECTION OF BUlLDINGS AND STRUCTURES WlTIßN TIlE CITY OF DUBUQUE, IOWA; PROVIDING 528 Special Session, December 17, 1979 FOR TIlE ISSUANCE OF PERMITS AND COLLECTION OF FEES TIlEREFORE AND PROVIDING FOR PENALTIES FOR VIOLATION OF SAID ORDINANCE, said Ordinance having been previously presented and read at tbe Council Meetings 01 No- vember 19, 1979 and December 3. 1979. presented lor linal adoption. ORDINANCE NO. 76.79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, AMENDING SEC- TIONS 10.1, 10.2 AND 10-3 OF TIlE CODE OF ORDINANCES BY RE- PEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 10-1, 10-2 AND 10-3 IN LIEU TIIERE- OJ' PERTAINING TO REVISING AND REESTABLISHING A BUILDING CODE FOR TIlE CITY OF DUBUQUE, IOWA, CREATING TIlE OFFICE OF BUILDING OFFICIAL REGULATING TIlE CONSTRUCTION, ERECTION, ENLARGEMENT, ALTERNATION, RECONSTRUCTION, REPAIR, RE. MOV AL, MAINTENANCE, USE, HEIGIIT, AREA, EQUIPMENT AND INSPECTION OF BUILDINGS AND STRUCTURES WITIIIN TIlE CITY OF DUBUQUE, IOWA: PROVIDING FOR TIlE ISSUANCE OF PERMITS AND COLLECTION OF FEES TIlEREFORE AND PROVIDING FOR PENALTIES FOR VIOLATION OF SAID ORDINANCE. NOW. TIlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section I. That Section 10-1 of the Code of Ordinances of the City of Dubuque, Iowa, be œmended by repeal- ing Section 10-1 and eruwting anew Sec- tion 10-1 in lieu thereofasfollnws: Section 10-1. Uniform Buüding Code Adopted. Except G8 hereinafter added to, de- leted, modified or anumded, there is hereby adopted as the Building Code of the City of Dubuque that certain building code known G8 the Uniform Building Code, Ig79 Edition, including the Ig79 Uniform Building Code Stand- ards an4 Ig7g UlÚform Buü Appen4ix, as prepared an4 - the Internati<mal Cbnference of Build- ing Officin1s of Whittier, California, 0'114 the provisions of such buüding code shall be controUing in the con- struction of buildings an4 other struc- tures an4 in all matters covered by such building code within the corpor- ate lindts of the City and shall be known as the Dubuque Building Code. Section 2. That Section 10-2 of the Code of Ordinances of the City of Dubuque, Iowa, be amen4ed by repeal- ing Section 10-2 and enacting a new Section 10-2 In lieu thereof as folÙJws: Section 10.2. Uniform Bnilding Code- Amendments. The code adopted by Section 10-1 of this Chopter is hereby amended as provided In this section. Section 201. Creation 01 Enforcement Agency, is hereby amen4ed by repeal. ing such section and replacing such section with a new section in lieu thereofasfollnws: Section 201 (a) Creation 01 Division. There is hereby established In the City of Dubuque, Ioux>, the BuildIng Inspection Division which shall be un4er the furisdiction of the Building Official. Section 201 (b) QuallIications 01 the Building OIIicial. The Bui1Æng Official shall be a person competent to carry out the intent an4 purpose of this Code. Section 201 (c) Appointment 01 Bnild- ing OIlicial. The Building Official shall be appointed by and serve at the pleasure of the City Manager. Section 201 (d) Organization. The City Cbnncil shall provide the BuiIdông Official with the necessary number of assistants, inspectors an4 other ...."œyees as shall be necessary for tile administration of this Code. Section 201 (e) Conlllcts 01 Interest. No official or empÙJyee connected with the Building Inspection Division shall be engaged in or directly or in4irectly connected with the furnishing of ÙLbor, materials, or appliances for the con- struction, alteration, repoir or midn- tenance of a buüding, or the prepara- tion of PÙLnS or of specifications therefore unless he/she is the owner of the buikkng, nor shall such official or empÙJyee engage in any work, empÙJyment or crmsultation which c<Ylljücts with hisjher official City duties or cfYYl/lict with the interests of the division or of the City. Section 202. Powers & Dnties 01 Bnilding OIIicial, is hereby anwn4ed by repealing such section an4 replacing such section with a new section in lieu thereofasfollnws: Section 202 (a) General. The Building Ofjidal is hereby authorized and directed to enforce all the provisions of this Code. For sueh pu1poses he shall hove the powers of a Police Officer. Section 202 (b) Deputies. In accord.o:n£e with prescribed proce- dures and with the approval of the City Manager, the BuildIng Official may appoint such number of assis- tants, inspectors and other empÙJyees as shall be authorized from time to Special Session, December 17, 1979 529 time. The Building Official may dep- utize such empÙJyees as may be nec- essary to carry out the functions and responsibilities of the Building In- spection Division. Section 202 (c) Reports and Records. An official record shall be kept of all business an4 activity of the Building inspection Division specified in the provisions of this Code, an4 all such records shall be open to public In- spection. The Bui1Æng Official shall keep com- prehensive records of applications, permits issued, certificates issued, In- spections made, reports ren4ered and of notices or orders issued. AU such reports shall be open to pub- lic inspection for good an4 sufficient reasons during norrrw1 City office hours but shall not be removed from the office of the Bui1Æng Official The Building Official shall make writ- ten reports to the City Manager once each nwnth, or oftener if re- quested, IncludIng statements of per- ndts an4 certificates issued, inspec- tions made and other performance measures. Section 202 (d)IUghtoIEntry. Whenever necessary to make an in- spection to enforce any of the pro- visions of this Code, or whenever the Building Official or hisjher authorized representative has reasonable cause to believe that there exists In any bui1Æng or upon any prendse, any condition or Code vioÙLtion which makes such buildIng or prendse (s) unsafe, dßngerous or hazardous as defined in Section 203 of this Code, the Building Official or hisjher authorized representative may enter such build- ing or premises at all reasonable times to IWrpect the same or to per- ./inm any duty imposed upon the BuiU,ng Official by this Code: pro- vided that if such building or prem- ises be occupied, he/shall first present proper credentials and deman4 entry: an4 if such building or premises be unoccupied. he/she shall first make a reasonable effort to ÙJcate the owner or other persons h4mng charge or control of the buikkng or premises an4 deman4 entry. If such entry is refused, the Bui1Æng Official or his/ her authorized representative shall hove recourse to every remedy pro- vided by ÙLW to secure entry. "Authorized Representative" shall in- clude the officin1s, assistants, and employees named in Section 202 (a) and (b )ofthis Code. No owner or occupant or any other person having chorge, care or control of any building or prendses shall re- fuse, fail, or neglect, after proper demand is made as herein provided, to promptly perndt entry therein by the Building Official or his/her authorized representative for the pur. pose of inspection an4 examt1tation pursYiLnt to this code. Any person vioÙLtlng this subsection shall be guilty of a misdemeanor. Section 202 (e) Stop Orders. Whenever any building work is being done contrary to tbe provisions of this Code, the Building Official may order tbe work stopped by giving notice in writing served on any per. son engaged in the doing or causing 01 such work to be done, and any such person shaillorthwith stop such work nntil anthorized by tbe Bnilding Offi- cial to proceed witb the work. Section 202 (I) Occnpancy Violations. Whenever any building or structure or eqnipment herein regulated by this Code is being used contrary to the provisions 01 tl-dS Code. the Bnilding Oflicial may order such use discon- tinued and the structure, or portion thereof, vacated by notice served on any person causing snch use to be continued. Sucb person shall discon- tinue the use within ten (10) days after receipt 01 snch notice or make tbe structnre, or portion thereol, comply with the requlrements 01 this Code; provided. however, that in the event 01 an unsafe building, Section 203 shall apply. Section 202 (g) Liability. The Bnilding Official. or his/her anthorized representative, charged with the enforcement 01 this Code for tbe City, acting in good laith and witbout malice in the discharge 01 his dnties, shall not thereby become liable personally and be is bereby relieved from all personal liability lor any damage that may accrue to persons or property as a result 01 any act required or by reason 01 any act or omission in the discbarge of bis/her dnties. Any suits brought against the Building Official or employee, becanse 01 such act or omission performed by him/her in the enforcement 01 any provision of tbis Code, shall be defended by the Legal Department of the City nntil tbe linal determination 01 tbe pro- ceedings. This Code shall not be construed to relieve from or lessen the responsi- bility of any person owning, operat- ing or controlling any bnilding or structure lor any damages to persons or property caused by delee!, nor shall the Building Inspection Divi- sion or the City 01 Dubuque be held as 530 Special Session, December 17,1979 assuming any such liability by rea- son of the inspections autborized by this Code or any certificates of inspection issued under this Code. Section 202 (h) Cooperation 01 Other Officials. The Building Official may request, and shall receive so far as may be necessary in the discbarge of his duties, the assistance and C()Opera- tion of other officials 01 the City. Section 203. Unsafe Builctings or Struc- tures, is hereby amended by repealing such section and replacing such section witb a new section in lieu tbereof as foilows: Section 203. Unsafe Builctings or Structures. All buildings or structures wbich are structurally unsafe or uot provided with adequate egress, or would con- stitute a lire hazard or are otberwise dangerous to human life, or which in relation to existing use constitute a bazard to safety or health, or public welfare, by reason of inadequate maintenance, delapidation, obsoles- cence, fire hazard, disaster damage or abandonment, as specified in this Code, or any otber elfective ordi- nance, are, for the purpose 01 this section, unsafe buildings. Parapet walls, cornices, spires, towers, tanks, statuary and other pendages or struc- tural members which are supported by, attached to, or a part 01 a building and which are in deteriorating cou- dition or unsafe to sustain the design loads which are specified in tbe Building Code, are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appeudages are hereby declared to be public nuisances and sball be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Article II of Cbapter 10 of the Code of Ordinances of the City or by any other procedures provided by law. Section 204. Board 01 Appeal', is hereby amended by repealing sucb sec- tion and replacing such section with a new section in ileu tbereof as follows: Section 204. Building Code and Advi- sory Appeal, Board. Section 204 (a) Board Eetabli,hed. 1n order to determine the suitability 01 alternative building materials and methods of building construction; to provide for reasonable interpretation 01 the provisions 01 tbe Building Code; and to advise the City Council on all building construction regula- tions and procedures; tbere is hereby created tbe Building Code Advisory and Appeals Board. Section 204 (b) Memberehip. The Building Code Advisory and Appeals Board shall consist of five (5) members appoiuted by tbe City Council. One member shall be an architect or building construction engineer registered in the State of Iowa, one member sball be a general building construction contractor, one member shall be a journeymau car- penter, and two members shall be from tbe public at large. Section 204 (c) Term of Office. The term of office of all board mem- bers shall be for three (3) years, except that initial appointment of one member shall be for one year, two members of two year terms and two members for three year terms. Section 204 (d) The Board shail make such rules and prescribe such regulations as may be reasonably necessary for its opera- tion, except that such rules sball include the foilowing: ( 1 ) Board Chairperson The Chairperson of the Board shall be a Board member elected annually by the Board. (2) Clerk 01 the Board Tbe Building Official, or his designee, shall be Clerk of the Board. The Clerk shall prepare and keep such minutes of meetings and records and perform sucb other clerical work as the Board maydirect. (3) Quorum Three members shall constitute a quorum. The concurring vote 01 three members of the Board shall be ne- cessary to pass any motion. (4) Upon completion of their term 01 office, members of the Building Code Advisory and Appeals Board sball continue to serve in their lull capacity until their successor h",,-been duly appointed. ( 5) Members of the Building Code Advisory and Appeals Board shall attend at least two-thirds of all regu- larly scheduled meetings within a twelve (12) montb period. If any member does not attend such pre- scribed number of meetings, it shall constitute grounds for the Board to recommend to the City Council that said member be replaced. ( 6) The attendance 01 all members sball be entered on the minutes by the Clerk. (7)All meetings shall be held in conformance witb the provisions 01 the Iowa Open Meetings Law. ( 8) The Building Code Advisory and Appeals Board sbaillile with the City Council a copy of the minutes of eacb regular and special meeting of the Special Session, December17, 1979 531 Board within ten (10) working days alter such meeting. (9) All administrative, personnel, ac- counting, budgetary and procedural policies of the City shall govern the Building Code Advisory and Appeals Board in all of its operations. Section 205. Violation" is hereby a- mended by repealing such section and replacing such section with a new sec- tion in lieu thereof as follows: Section 205. Violation, and Penaltie,. It shall be unlaw/ul for any person, firm or corporation within the juris- dictional limits of the City or Dubuque to erect, cause or continue any at- tractive, common or public nuisance declared by any provision of this code or ordinance or any code or ordi- nance berein adopted by reference; or to erect, construct. enlarge, alter. repair, move, improve, convert, de- I molish, equip, use. occupy or main- tain any bullding. structure, lot or other real property or any portion or any combination thereof, or cause or permit the same to be done, contrary to or in violation of any of the pro- visions of this code or any code or ordinance herein adopted by reference; or to fail or neglect by omission to comply with any of the provisions of this code or any code or ordinance herein adopted by refl'rence. The doing of any act, or the omission of any act, declared to by unlaw/ul by this code, or any code or ordinance herein adopted by reference, is de- clared to be a misdemeanor, and each said act shall be deemed a ,separate offense for each and every day or por- tion thereof during whicb any such un- law/ul act is committed, con- tinued or permitted and upon convic- tion shall be punishable by fiue in a sum not exceeding one hundred dollars ($100.001 or by imprisonment not to exceed thirty (30) days, or by both such fiue aud imprisoument. The peualty hereiu provided shall be comu- lative with and in additiou to the revocatiou, cancellation or forfeiture of auy license or permit elsewhere in this code provided for violation thereof. Section 2305. Roof De8Îgn, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Section 2305. (a) General. Roofs shall sustain, within the stress limits of this Code, all dead loads plus a nniform minimum snow load of thirty (30) pounds per square foot. full or unbalanced. and in addition to wind or other loads. The snow load shall be assumed to act vertically upon the area projected upon a hori- wntal plane. Potential accumulation of snow and valleys, parapets, roof structures and offsets in roofs of uneven configuration sball be con- sidered. Section 2305. (b) Special Purpose Rools. Roofs to be used for special purposes shall be designed for appropriate ioads as approved by the Building- Official. Greenhouse roof bars. purlins and rafters sball be designed to carry one bundred(1oo) pounds minimum concentrated load in addition to the live load. Section 2305. (c) Water Accumulation All rools sball be designed with suffi- cient slope or camber to assure ade- quate drainage after tbe long-time deflection from dead load or shall be designed to support maximum loads, including possible pounding of water due to deflection. See Section 2307 for Defiection criteria. Chapter 38. Fire Extinguishing Sys- ¡"IDS, is hereby amended by adding a new Sectiou 3800, Confiicting Provi- sions, as follows: Section 3806. Conlllcting Provi8Îon,. If any provision of this Chapter is in confiict with any provision of Article IV, Antomatic Sprinkler Protection System. of Chapter 14, Fire Preven- tion and Protection of tbe Code 01 Ordiuances, City 01 Dubuque. Iowa, the most restrictive provision, appli- cation or interpretation sball apply Sucb interpretation 01 most restric- tive shall be made by the Building Official. Chapter 70. Excavation & Grsding, is hereby amended by repealing such chapter. Section 3. Section 10-3 of the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 10-3, Fire Zones and enacting a new Section 10-3 in lieu thereof as follows: Section 10-3. Uuilorm Building Code- Building Permit Fees. The code adopted by Section 10-1 of this chapter is bereby furtber amended as provided in this section. Section 304 (a) Permit Fees, is hereby amended by repealing such section re- placing sneb section with a new section in lieu thereof as follows: Section 304 (a) Permit Fee,. 'l'be fee lor each permit sball be as set fortb in Table No.3-A. The determination 01 value or valua- tion under any of the provisions of this code shall be make by the Building Official. The value to be used in com- puting the building permit fee for new coustruction shall be the cost of all buildiug materials and the usual cost of 532 Special Session, December 17,1979 labor whether such labor is perlormed by the owners or others. Such valu- ation may exclude the cost of the lot or improvemeuts to the lot such as grad- ing. landscaping, walks or drives, and/ or the cost 01 the air conditioning, electrical, heating, plumbing or ventil- ation systems for which separate in- spection lees are charged; however, the approximate value 01 these items shall be shown on the permit in the space provided lor tbat purpose. The valuations lor alterations, repairs. replacement or remodeling shall in- clude the cost of materials and the usual cost of labor, whether such labor is perlormed by the owner or by others, for the installation or con- struction 01 any repair, replacement or remodeling whicb becomes an integral part of the building or structure. Where work for which a permit is requlred by this code is started prior to obtaining said permit, tbe fees specified shall be doubled, but the pay- ment 01 such double fee shall relieve any person Irom Inlly complying with the requirements 01 the code in the execution 01 the work nor Irom any other penalties prescribed herein. The payment 01 fees under this section of tbe code shall not relieve the applicant, permit holder or other per- sons from the payment 01 any other fee or fees that may be prescribed by this code by law or by ordinance. No fee shall be required for bulldings owned and used exclusively by the City. Section 3001 (b). Plan Review Fees, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Seetion3Ool (biPIan Review Fees. When a plan or other data is required to be submitted by Sub-section (b) 01 Section 302 of this code, a plan re- view fee shall be due and payable prior to the issuance of a permit. Sucb plan review lee shall be as set lorth in Table No.3-A. When Plans are incomplete or changed so as to require additional plan review an additional plan review lee shall be charged as set forth in Table No.3-A. Table No. 3-A-Building Permit Fees, is hereby amended by repealing such table and replacing such table with a new table in lieu thereof as lollows: TABLE NO. 3-A BUILDING PERMIT FEES Valoation Fee $1.00 to $500 $8.00 $501 to $2.000 $800 lor the first $500 plus $1.20 for each additional $100 or fraction thereof, to and including $2,000. $2,001 to $25,000 $26.00 for the first $2,000 plus $4.80 for each additional $1,000 or fraction thereof, to and in- cluding $25,000. $25,001 to $50,000 $136.40 for the first $25,000 plus $3.60 for each additional $1,000 or fraction thereof, to and in- cluding $50,000. $50,001 to $100,000 $226.40 for tbe first $50,000 plus $3.60 for each additional $1,000 or fraction thereof, to and in- cluding $100,000. $100,001 and Up $346.40 for the first $100,000 plus $2.00 lor each additional $1,000 or fraction thereof. Other lnspections and Fees 1. Plan review lees/When a Plan is re- quired by Section 302 (b) 01 the Code a plan review fee shall be paid. Such fee is $20.00/hour of review time; minimum of one bour charge and charged in '¡' hour increments beyond the first hour. Plans which must be sent to Kansas City for review will be charged for ten (10) bours of review time. 2. Inspections out- $15.00 per hour side 01 normal business hours (Minimum charge 01 two bours). 3. Reinspection fee assessed under provisions of Sec- tion 305 (g) 4. Inspections for which no fee is spe- cifically indicated (Minimum charge - '¡' hour). 5. Additional plan $20.00 per hour review required by changes, additions or revisions to ap- proved plans (Mini- mum charge '¡' hour) $15.00 Each $15.00 per hour Special Session, December 17, 1979 533 Sectinn 4. Ordinance Repealed. The Building Code of the City of Dubuque, Iowa, established by Ordinance No. 3-75 referred to as the Building Code, and all amendments thereto be and tbe same are hereby expressly repealed. Section 5. Savings Clause. If any sec- tion, provision, or part of tbis Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of tbe Ordi- nance as a whole; or any section, pro- vision or part thereof not adjudged invalid or unconstitutional. Section 6. When Effective. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor Tbomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of December, 1979. Leo F. Frommelt, City Clerk It 12-21 Council Member Tully moved final adoption of the Ordiance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Art Pape Transfer Inc. again stressing bis need of ex- pansion room for his business, more particularly referring to Petrakis Park request dated August 28, 1979. pre- sented and read. Loras Pape, Vice-President of Art Pape Transfer, Inc., questioned if Pe- trakis Park is still available; Was opinion that City Staff was trying to keep industry that is here to stay here. Council Member Brady moved that City Staff be directed to contact Fish & Wildlile Association and Corps of En- gineers with proposal to exchange land between the Dubuque Packing Co. and Junnie's. Seconded by Council Member King. Carried by tbe foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King. Tully. Nays-None. Petition of Copperhead Group (Ben Miehe) requesting approval of tbeir request for a demolition permit of tbe frame buliding at 447 BluIl St., present- ed and read. Council Member Tully moved that the petition be referred to the Historical Preservation Connulssion. Seconded by Council Member Brady. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil. King, Tully. Nays-None. Petition of Jackson School Ü,nnulttee of Concerned Parents requesting per- mission to address the Council relative to conducting a parade on January 5, 1980 at 1:00 P.M. Irom Jackson School to Administration Building then to Jackson Park. and back to Sehool, presented and read. Council Member Tully moved that the request be approved subject to imple- mentation 01 the City Manager. Se- conded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- questing Council approval to approve dismantling of the water storage tank at Delbi St. & W. 5tb Sts. at cost 01 $5,000. and relocation of radio equip- ment in approx. amount of $2500.. presented and read. Council Member Tully moved that the communication be received and filed and request granted. Seconded by Council Member Farrell. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of City Manager re- qnesting authorization to publisb notice 01 hearing relative to expenditure of Revenue Sbaring Funds at the Five flags Civic Center, presented and read. Conncil Member Tuily moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by tbe foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 319.79 Anthorizing the Publication 01 Notice of Public Hearing for General Revenne Sharing Fonds WHEREAS. the State and Local Assistance Act of 1972, as amended, requires that a public hearing be held on the possible uses 01 general revenue sharing funds to which the city of Dnbuque is entitled; and WHEREAS, it is deemed to be in the 534 Special Session, Dec,ember 17,1979 best interest 01 the city 01 Dubuque in the preparation of the fiscal year 1980 budget to also solicit input on possible uses of other city lunds; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the City Clerk is hereby authorized an4 directed to pub- lish notice of a public hearing In the form attached hereto to be held on Thursday, January 3, 1980, at the Ft've Flags Center. Passed, approved and adopted this 17th day 01 December, 1979. Ricbard Wertzberger, Mayor Thomas A. Tully. Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk CffY OF DUBUQUE Notice 01 Public Hearing The State and Local Assistance Act of 1972, as amended, requires that a public hearing be held on the possible use of general revenue sharing lunds to wbich the city 01 Dubuque is entitled. A public hearing lor tbis purpose, as well as to solicit comments and sugges- tions on the possible use of other city funds, lor the fiscal year 1981 budget will be held at 7:00 p.m. on Thursday, January 3, 1980, in the Five Flags Center, Dubuque, Iowa. General revenue sharing funds available lor the fiscal year beginning July 1, 1980 and ending June 30, 1981 iuclude $298,272 current unappropriated funds and an estimated $423,862 to be receiv- ed during the fiscal year. AIl citizens attending the hearing shall be provided the opportnnity to present written and oral comments on the uses of tbese funds. Notice is hereby given tbat the current lederal legislation for general revenue sharing funds expires in September, 1980 and the $423,862 are the total funds anticipated to be received by the city nnder the current federal legisla- tion. . Senior citizens and organizations repre- senting the interests of senior citi,ens are urged to attend tbe public hearing to present their views regarding the allocation of these funds by the city. Leo F. Frommelt, City Clerk 11/12-20 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, Farrell, King, Tully. Nays-None. Communication of City Manager snb- mitting a resume of reluse Collection fees and Service Levels and recom- mending a rate increase for twice of week refuse collection from $3.00 to $3.75 per month effective 1-1-80, pre- sented and read. Council Member Tully moved that the communication be received and liIed. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady: Farrell, King, Tully. Nays-None. Council Member Tully recommended that Staff seriously look at once a week coilection and tbe use of a "Bag Tag System". ORDINANCE NO. 77-79 AN ORDINANCE REPEALING SEC. TIONSI7-36 (a) AND 17-37 (a) AND ENACTING NEW SECTIONS 17-36 (al AND 17-37 (a) TIlEREOF, RE- LATING TO CIIARGES AND BILL. ING UNDER DIVISION 2, CITY COI~LECTION SERVICE, OF TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, presented and read. Council Member Brady moved to amend the proposed Ordinance that "Such fee shall be in effect to January I, 1981". MOTION DIED FOR LACK OF A SECOND. Council Member Tully moved that thu reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that the rule requiring an Ordinance to be received and filcd at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wert,berger, Council Members Brady, Farrell, King, Tully. Nays-None. ORDINANCE NO. 7H9 AN ORDINANCE REPEALING SEC- Special Session, December 17,1979 535 TIONSI7-36 (a1ANDI7-37 (a) AND ENAC'l1NG NEW SECTIONS 17-36 (a) and 17-37 (a) TIIEREOF, RELAT. ING 1'0 CHARGES AND BILLING UNDER DIVISION 2, CITY COLLEC- TION SERVICE, OF TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUUQE, IOWA, that: Section 17-36 (ai, "Charges - A. rrwunts; exceptions" un4er Division 2, City Collection Section of the Code of Ordinances, City of Dubuque, Ioux>, be repealed an4 a new Section 17-36 (a I be adopted in lieu thereof as foUows: Section 17-36 (s). Charges--oArrwunts; exceptions. Class 1 Premises. Except a.s qualified below, a fee of three dollars an4 sev- enty five cents ($3.75) per rrumth shall be charged by the City an4 collected from each owner of a Clc.ss 1 Prem- ises for such service effective Jan- uary 1, Ig80. Said charge or fee shall be in payment for collection an4 dis- posal of garbage and refuse as de- fined. Exceptions to the collection charge for Class 1 Premises are as foUows: 1. When a Class 1 Premises has been vacant for a period of three (8) consec- utive rrumths or longer the owner may apply for a credit under procedures to be established by the City Manager. Such exemption shall continue O1Úy so ÙJng as the Clc.ss 1 Pren4ses is vacant. 2. Class 1 Premises when the head of household is sixty-five (651 years of age or older an4 with a per fa7nÜY annual income of six thousan4 six hundred dollars ($6,600) or less may, upon application be exempted from one.half I'M the established collection charge. Subsequent to initial application an4 eligibility, annual application must be made July 1 of each year to verify annual income an4 eligilibity. 8. In ca.ses of extreme financial hard- ship the City Manager may, an4 is hereby authorized an4 empowered to moke adfustments in the rrumthly col- lection charge. In all such cases the City Manager shall have the authority to require such proof of vacancy, fiw:Lncial status, age or extreme hardship as he may deem necessary. Section 17-37 (a), "Same - Billing an4 Collection" under Division 2, City Col- lection Section of the Code of Ordi- naru;es, City of Dubuque, Iowo, be repealed an4 a new Section 17-87 (a I be adopted In lieu thereof as folÙJws: Section 17-37 (al. Same - BillIng an4 Collection. Initiolly, the City Manager shall billfor collection service from a record of acCllUnts registered for billIng on January 1, U80. Subsequently, the City Manager is authorzed to biJJ. tenants upon the request of the pro- perty owner according to a procedure to be established by the City Manager. The property owner in such cases shall agree to provide data on tenants' rrwvements. In cases of no city water or sewer service the City shall bill the owner. This Ordinaru" shall be In full force an4 effect on Januay 1, 1980, after its final passage, approval an4 pubUcation a.s provided by ÙLW. Passed, approved and adopted this 17th day of December. 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell City Council Membel's ATTEST: Loo F. Frommelt, City Clerk Published olficially in the Telegrapb Herald Newspaper this 21st day of December, 1979. Leo F. Frommelt, City Clerk 11 12/21 Council Member Tully moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Petition of Dale Grashorn requesting the installatiou 01 a street light at 2070 Garfield Ave. in the bope that it will help curb some of the break-ins and vandalism in the area, presented and read. Council Member Farrell moved tbat the petition be received and filed and relerred to the City Manager and Electrical Inspector. Seconded by Council Member Tully. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farreil, King, Tully. Nays-None. Communication of City Manager sub- mitting Warranty Deed by Dubuque Community School District for J.F.K. property on Lot 2 of 5 of Block 4 and Lot 2 of 1 of Lot A, Block 8 Mett~l Link-Addn., presented and read. Council Member Tully moved that tbe communication be received and filed. Seconded by Council Member Farreil. 111"'"1 IIIIIIIIIIIII!I 1'11111111 11III I 536 Special Session, December 17,1979 Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 321.79 WHEREAS, the City of Dubuque employs certain lull-time managerial and/or supervisory personnel who are appointed by the City Council, which personnal are entitled to vacation periods depending upon their duties and length of service to the City of Dubu- que, and: RESOLUTION NO. 320-79 WHEREAS, the City of Dubuque, Iowa. has acquired the real estate hereinafter described Irom the Dubuque Community Sehool District WHEREAS, said persons have de- livered a Warranty Deed conveying real estate to the City 01 Dubuque, Iowa, described as: Lot 2 of Lot 5 of Block 4 and Lot 2 01 Lot 1 01 Lot A, Block 8 in Mettel-Link Addition in the City of Dubuque, as shown on the attached plat Exhibit "A": and WHEREAS, such managerial and/or supervisory personnel may, from time to time, lorego all or part of their earned vacation periods due to the demands of City business, and: WHEREAS, it is the opinion 01 the City Council that under such cir- cumstances the full-time managerial and/or supervisory personnal should be entitled to additional consideration lor the sacrüice made by foregoing their vacation periods in order to provide better service to the City of Dubuque and its citizens: WHEREAS, said delivery 01 deed dated December 10, 1979, by said persons to the City of Dubuque, Iowa, sbould be accepted: NOW, TIlEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the delivery of War- ranty Deed by: The Dubuque Com- munity School District dated December 10, 1979, conveying to the City of Dubuque, Iowa, the hereinabove de- scribed real estate be an4 the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized an4 directed to cause said Warranty Deed to be record. ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Cle'rk be an4 he is hereby directed to forward a certified copy of this Resolution 10 the Dubuque City Assessor an4 the Dubu- que County Auditor. Passed, adopted and approved this 17th day 01 December, 1979. Ricbard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Conncil Members NOW, THEREFORE, BE IT RE- SOLVED that', in the event any full- time managerial and/or supervisory personnel directly appointed by the City Conncil, due to the demands of City business, have in the paSt or may in the luture lorego vacation time to which they are legally entitled, then such personnel shall receive tbeir usual and customary salary for the period worked and, in addüton thereto, sball receive at the time of termination of employment, their usual and customary salary lor tbat time which they have worked or may work for the City of Dubuqne in lieu 01 taking their earned vacation, provided, however, that nnused vaca- tion time may not be carried over more than five years. Passed. adopted and approved this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk ATTEST: Leo F. Frommelt. City Clerk Council Member Tully moved adop- tion 01 the Resolntion. Seconded by Council Member Brady. Carried by the following vote: I Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication of Planning & Zoning Council Member Tnlly moved adop- tion 01 tbe Resolntion. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Special Session, December 17,1979 537 Commission submitting amendment to the Zouing Ordinance covering non, residential parking in residential dis- trict, presented and read. Council Member Tuily moved that the communication be received and filed. Seconded by Council Member Farreil. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. AN ORDINANCE of the City of Dubuque, Iowa, providing tbat the Code of Ordinances, City of Dubnque, Iowa, be amended by revising Appendix A tbereol, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by repealing Sec- tion 4-104.4 4) of Article IV and enact- ing a new Section 4,104.4 4) of Article IV in lieu thereol, to provide for parking of operable automobiles as a conditional use in an office-residential district, presented and read. Council Member Tuily moved tbat the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Conncil I Members Brady, Farrell, King, Tully. , Nays-None. Council Member Tully moved tbat the rule requiring 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 Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Council Member Tully moved that a public hearing be held on the Ordinance on January 21,1980 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice 01 the hearing in the manner required by law. Seconded by Conncil Member Farreil. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Communication of Planning & Zoning Commission requesting lavorable con- sideration for approval 01 a plat vacat- ing an alley between King and Broad- way Sts., presented and read. Council Member Tully moved tbat the communication be received and filed. Seconded by Council Member Farreil. Carried by the loilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, Tully. Nays-None. Abstain-Conncil Member King. RESOLUTION NO. 322-79 Resolution approving the Plat 01 the Southeasterly 100 leet of the alley lying between Broadway Street and King Street in the City of Dobnque, Iowa, being 20 leet wide and abutting Lots 9, 20, and 21 01 King's Grove Addition and also ahutting the Northerly right-ol- way line 01 King Street in the City 01 Dnbuque, Dnbuque County, Iowa, and hereinsiter relerred to as Lots 9-A, 2O-A, 2I-A, and 21-B, 01 King's Grove Addition in the City 01 Dubuque, Dnbuque County, Iowa. WHEREAS, there has been filed witb ,the City Clerk a plat 01 the South- easterly 100 feet of tbe alley lying between Broadway and King Street in the City of Dubuque, Iowa, being 20 feet wide and abutting Lots 9, 20, and 21 of King's Grove Addition and also abutting the Northerly right-ol-way line 01 King Street in tbe Ci,ty of Dubuque, Dubuque County, Iowa. and bereinafter referred to as Lots 9-A, 20-A, 21-A, and 21-B of King's Grove Addition in tbe City 01 Dubuque, Dubuque County, Iowa: and WHEREAS. said plat has been ex- amined by the City Planning and Zoning Commission and tbey bave found that tbe same conforms to tbe statutes and ordinances relating tbereto: and WHEREAS, said plat bas been ap- proved by the Planning and Zoning Commission: and WHEREAS, said plat has been ex- amined by the City Council and tbey find tbat the same conlorms to the statutes and ordinances relating tbere- to and WHEREAS, the City Council concurs in the approval by the City Planning and Zoning Commission, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 1. That the PÙLt of the South- easterly 100 feet of the alley lying be- tween Broadway Street an4 King Street in the City of Dubuque, Ioux>, being 20 feet wide , 20, an4 21 of King's also abutting the Northerly right-of- way line of King Street in the City of Dubuque, Dubuque County, Iowa, an4 hereinafter referred to as Lots 9-A, 20-A, 21-A, an4 21-B, of King's Grove Addition in the City of Dubuque, Dubuque County, Iowa, be an4 the same is hereby approved an4 the Mayor 538 Special Session, December 17,1979 Addition, Dubuque, Iowa, In the City of Dubuque, Iowa, for the purposes of _ntaining, develop¡ng an4 ImproVIng all real property which shall be sub- sequently deeded by the Dock Corpora- tion of Dubuque to Oak Meadow Com- munity Association in the Subdivision of Lot 2 of Hansel's Addition, Dubuque, Ioux>, in the City of Dubuque, 10= Section 3. Property owned by Oale Meadow Community Association in the Subdivision of Lot 2 of Hansel's Addi- tion, Dubuque, Iowa, In the City of Dubuque, Iowa, wiU also be known as Common Area which property shall be _ntained for the purposed identified on the final development pÙLn an4 kept In neat an4 proper order: the City of Dubuque, Iowa, shall hove a perpetnal ew¡ement to enter, an4 pw¡s over an4 upan said real property in the Subdi- vision of Lot 2 of Hansel's Addition, Dubuque, Ioux>, In the City of Dubuque, [oux>, for such ordinary mainterwnce services an4 emergency services as are reguÙLr an4 customarily provided by the City of Dubuque, Ioux>, in the City of Dubuque, Iowa, an4 for such services or duties which the City of Dubuque, Iowa may be obligated by ÙLW to perform on said permises. ( a) Certain Improvements, as shown on improvement PÙLns on file in the office of the City Engineer of Dubuque, Ioux>, withIn the Sub- division of Lot 2 of Hansel's Addi- tion, Dubuque, Iowa in the City of Dubuque, Ioux>, shall be public im- provements an4 are hereby so de- dicated to the City of Dubuque. Ia. It is un4erstood and agreed that upon final acceptance by the City of Dubuque, Iowa said improve- ments shall be owned an4 _n- tained by the City of Dubuque. Ia. ( b ) Tha streets and parking areas lo- cated in the Subdivision of Lot 2 of Hansel's Addition, Dubuque, Ioux>, In the City of Dubuque, Ioux>, shall be private streets an4 park- ing areas an4 owned by Oak Meadow Community Association, an4 shall be held with other common property shown upan the pÙLn within the jurisdiction of Oak Meadow Cbmmunity Associa- tion, and further providIng that the city may enter such streets an4 parkIng areas to provide necessary emergency services or other services or duties which it may be obligated by ÙLW to per- form on the premises: that the city may enter the street an4 perform necessary maintenance whenever the private owner faiÙi to do so, and assess all costs to Special Session, December 17,1979 539 II ! an4 the City Clerk are hereby author- ized and directed to en4orse the ap, proval of the City of Dubuque, Ioux>, upan said p/oJ;. Passed, approved and adopted this 17th day 01 December, 1979. and ordinances relating thereto, except water and sewer as specilied have not been installed: NOW, THEREFORE, BE IT RE~ SOLVED BY TIŒ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of the Subdivision of Lot 2 of Hansel's Addi. tion, Dubuque, Iowa In the City of Dubuque, Iowa be and the same is hereby approved an4 the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upan said Plat, provided the owner of said property herein named, exeoute written accep- tance hereto attached agreeing: ( a) To install sewers in accordance with the PÙLns described herein an4 submitted with the PÙLt: (b)To install 1OOter _ns in ac- cordance with pÙLns and speci- fications filed by the owner In the office of the City Engineer, City of Dubuque, Iowa; ( c) To constrnct the foregOIng irrv provements in accordance with PÙLns an4 specifications approved by the City Manager, under the In- spection of the City Engineer, and in a manner approved by the City Manager: (d) To maintain the foregoing im- provements for a period of four (4) years from the dote of their acceptance by the City of Dubu- que, Iowa; ( e ) To provide the foregoing constrnction an4 mainterwnce at sole expense of the Subdivider, the Subdivision of Lot 2 of Han- sel's Additirm, Dubuque, Iowa as owner: (f) To constrnct said Improvements, prior to December 1, 1981. Section 2. The Dock Corporation of Dubuque hos established an 10100 Cor- paration known as Oak Meadow Com- munity Association: said Oak Meadow Community Association is a property owner's association an4 shall provide for the mainte=e, improvement and de- veÙJpment of real property, and im- provements and fixtures ÙJcated there- on, which shall be subsequently deeded by the Dock Corporation of Dubuque, to Oak Meadow Cbmmunity Association in the Subdivision of Lot 2 of Hansel's Addition, Dubuque, Ioux>, in the Oity of Dubuque, Iowa Oak Meadow Com- munity Association hos the power to levy chorges and assessments against members of said corporation which shall be liens against the property owned by the members of said corporation within the Subdivision of Lot 2 of Hansel's Richard Wertzberger, Mayor Thomas A. Tully, Jr. James, E. Brady Carolyn Farrell Council Members ATTEST: LeoF. Frommelt, City Cierk Council Member Tnlly moved adop- tion 01 the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, Tully. Nays-None. Abstain-Council Member King. Commnnication of Planning & Zoning Commission recommending approval of plat of Lots 1 and 2 and Lot 2 of 2 01 Hansel's Addition and the plat 01 Oak Meadow First Addition in the City 01 Dubuque, Iowa, presented and read. Council Member Tully moved that the communication be received and Iiled. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tuily. Nays-None. RESOLUTION NO. 323-79 Resolution approving the Plat 01 the subdivision 01 Lot 2 of Hansel's Addi- tion, Dubuqne, Iowa, in the City of Dubnque, Iowa. WHEREAS, there has been filed witb the City Clerk a Plat 01 the Subdivision to be known as: tbe Subdivision of Lot 2 01 Hansel's Addition, Dubuque, Iowa, in the City 01 Dubuque, WHEREAS, tbere are on file in tbe ollice 01 the City Engineer 01 Dubuque, Iowa, Improvement Plans and ac- companying specilications showing lo- cation and grade of sanitary sewer, water and drainage lacilities within the area shown on said Plat: and WHEREAS, said Plat has been ex- amined by tbe City Planning and Zoning Commission and had its approval en- dorsed thereon; and WHEREAS, said Plat bas been ex~ amined by the City Council and tbey find tbat tbe same conforms to statutes such owner. ( c ) AU assessable costs for mainten- ance or services, described hereIn, performed by the City of Dubu- que, Iowa, on, or directly bene- fitting, the Subdivision of Lot 2 of Hansel's Addition, Dubuque, Ioux>, in the City of Dubuque, Ioux>, shall be assessed against Oak Meadow Community Association an4 a lien upon said real property. Section 4. That in the event the Dock Corporation of Dubuque shall fail to exeoute acceptance withIn 45 doys after the dote of this Resolution, the pro- visions hereof shall be naJ1 an4 void and the acceptance of the dedication and approval of the P/oJ; shall not be effective. Passed, adopted, and approved by unanimous recorded roll call this 17th day 01 December, 1979. Richard Wertzberger. Mayor Thomas A. Tully. Jr. D. Micbael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 323-79 We, the undersigned, the Dock Cor~ poration 01 Dubuque, having read the terms and conditions of the loregoing Resolution No. 323-79 and being fami- liar with the conditions thereof, hereby accept the same and agree to perlorm the conditions required therein. Dated at Dubuque. Iowa, this 29th day of January, 1980. THE DOCK CORPORATION OF DUBUQUE By John J. Cody, Jr. Secretary By John Kivlahan President TO: LEO F, FROMMELT, City Clerk This certifies that the security pro- vided by tbe foregoing Resolution No. 323-79 has been furnished by tbe owners. Dated at Dubuque, Iowa, this 28th day of January, 1980. W. Kennetb Gearhart City Manager Conncil Member Tully moved adop' tion of tbe Resolution. Seconded by Council Member Farrell. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger. Council Members Brady, Farreil, King, Tully. lilllill PI II lillllll! 1.111 540 Special Session, December 17,1979 Special Session, December17, 1979 541 Nays-None. RESOLUTION NO. 324-79 Resolution approVÛIg the Plat 01 "Oak Meadow First Addition" in the City 01 Dnbnque, Iowa. WHEREAS, tbere has been filed with the City Cierk a Plat of the Subdivision to be known as: "OAK MEADOW FIRST ADDITION" in the City 01 Dubuque, Iowa, WHEREAS, there are on file in tbe of lice of the City Engineer of Dubuque, Iowa, Improvement Plans and accom- panying specifications showing location and grade of sanitRry sewer,.,water and drainage facilities within the area shown on said Plat: and WHEREAS, said Plat bas been ex- amined by the City Planning and Zoning Commission and had its approval en- dí!rsed thereon: and WHEREAS, said Plat has been ex- amined by the City Council and they find that tbe same conlorms to statutes and ordinances relating thereto, except water and sewer as specified have not been installed: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the PÙLt of "OAK MEADOW FIRST ADDITION' ¡n the City of Dubuque, Iowa, be an4 thè same is hereby approved and the Mayor an4 City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Ioux>, upon said Plat, provided the owner of said property herein named, execute written accep- tance hereto attached agreeIng: ( a) To install sewers in accordance with the plans described herein an4 submitted with the PÙLt: ( b ) To install water mnins in accord- ance with plans and specifications filed by the OWllR:r in the office of the City Engineer, City of Dubu- que, Iowa,' ( c) To constrnct the foregmng im- provements in occordance with PÙLns and specifications approved by the City Manager, undor the Inspection of the City Engineer, and In a manner approved by the City Manager: (d) To mnintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubu- que, Iowa: ( e ) To provide the foregmng consf:r1æ- ti"" an4 'ffIIftntenœnce at the sole expense of the Subdivwer, "OAK MEADOW FIRST ADDI170N' as owner: If) To constrnct said improvements, prior to December 1, 1981. Section 2. The Dock Corporati"" of Dubuque has established an Iowa cor- porati"" known as Oak Meadow Com- munity Association: said Oak Meadow Community Associati"" is a property owner's associati"" an4 shall provwe for the mnintenance, improvement an4 de- veÙJpment of real property, an4 im- provemenls an4 fixtures ÙJcated there- on, which shall be subsequently deeded by the Dock Corporati"" of Dubuque, to Oak Meadow Community Association In "Oak Meadow First Additi",," in the City of Dubuque, Iowa. Oak Meadow Community Association has the power to levy charges and assessments against members of said corporati"" which shall be liens against the property owned by the members of saw corporati"" with,n "Oak Meadow First Additi",," in the City of Dubuque, Iowa, for the purposes of mnintaining, deveÙJping an4 improv- Ing all real property which shall be sub- sequßntly deeded by the Dock Corpora- tion of Dubuque to OoJe Meadow Com- munity Association in "Oole Meadow First Addition" in the City of Dubuque, Iowa. Section 3. Property owned by Oole Meadow Community Association In "Oak Meadow First Additi",," In the City of Dubuque, Iowa, wiU also be k:rwwn as Crnnmen Area which property shall be mnintained for the purposes indontified "" the final development pÙLn an4 kept In neat an4 proper order: the City of Dubuque, Iowa, shall have a perpetnal easement to enter, an4 pass over an4 upon said real property in "Oak Meadow First Addition", i:J!> the City of Dubuque, Ioux>, for such ord,n- ary mnintenance services and emer,qen- cy services as are regUÙLr an4 customar- ily provided by the City of Dubuque, Iowa, In the City of Dubuque, Iowa, and for such services or duties which the Œy of Dubuque, Ioux>, may be obli- qated by ÙLW to perform "" said premises. (a) Certa!n improvements, as shown "" improvemem pÙLns "" file In the office of the City Engineer of Dubuque, Iowa, with,n "Oak Mea- dow First Additi",," In the City of Dubuquß, Iowa, shall be public im- provements an4 are hereby so dedicated to the City of Debuque, Iowa, It is un4erstood an4 agreed that upon final occeptance by the City of Dubuque, Ioux>, said im- provements shall be owned an4 mnintained by the City of Dubu. que, Iowa. ( b ) The streets an4 parlang areas lo- cated in "Oak Meadow First Addi- ti",," In the City of Dubuque, Iowa shall be private streets an4 park- ing areas an4 owned by Oak Mea- dow Community Association, an4 shall be held with other commen property shown upon the pÙLn within the jurisdicti"" of 00J, Meadow Community Associati"", andfurther provwlng that the city may enter such streets and park- ing areas to provide necessary emergency services or other ser- vices or duties which it may be obligated by ÙLW to perform on the premises; that the city may enter the street an4 perform necessary mnintenance whenever the private owner fails to do so, an4 assess all costs to such owner. (c) AU assessable costs for mninten- ance or services, described herein, performed by the City of Dubu- que, Iowa, on or directly bene- fitIng, "Oak Meadow First Addi- ti",," in the City of Dubuque, Iowa, shall be assessed against Oak Meadow Community Associ- ation and a lien upon said real property. Section 4. That in the event the Dock Corporati"" of Dubuque shall fail to execute acceptance within 45 days after the date of this Resoluti"", the pro- visions hereof shall be null an4 void an4 the acceptance of the dedicati"" and approval of the Plat shall not be effective. Passed. adopted, and approved by unanimous recorded roll call this 17th day 01 December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Acceptance of IWsolution No. 324-79. We. the undersigned. the Dock Cor- poration of Dubuque, having read the terms and conditions of the foregoing TIesolution No. 324-79 and being lami- liar with the conditions thereof, bereby accept the same and awee to perform tbc conditions required therein. Dated at Dubuque, Iowa, this 29th day of January, 1980. The Dock Corporation 01 Dubuque By John J. Cody, Jr. Secretary By John H. Kivlahan President TO: Leo F. Frommelt, City Clerk This is to certify tbat the security provided by the foregoing RESOLU- TION NO. 324-79 has been furnished by the owners. Dated at Dubuque, Iowa, this 28th day of January, 1980. W. Kennetb Gearhart, City Manager Conncil Member Tully moved adop- tion of tbe IWsolution. Seconded by Council Member Farreil. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King. Tully. Nays-None. Communication of City Manager re- commending that the City execute a contract with Consoer Townsend & Associates for design work associated witb the installation of a belt press sludge dewatering unit. presented and read. Conncil Member Tully moved that tbe communication be received and filed. Seconded by Conncil Member Farrell. Carried by the foilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. RESOLUTION NO. 325-79 WHEREAS, it has been determined that additional slndge processing facil- ities are necessary in the wastewater treatment plant to supplement tbe existing Zimpro installation (thermal conditioning): and WHEREAS. the installation 01 the belt press sludge dewatering unit bas been determined to best fit these needs: and WHEREAS, the City Council pre- viously has authorized expenditure 01 fnnds lor this capital improvement: and WHEREAS, the Public Works staff has interviewed a number of consult- ing firms and has selected Consoer, Townsend & Associates, Ltd. 01 Chi- cago. Illinois as the lirm best qualified to perform the engineering work re- lated to this ¡irocess: NOW. THEREFORE, BE IT RE- -~ 542 Special Session, December 17,1979 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager be authorized to execute a contract with Consoer, Townsend & Associates, Ltd. 01 Chi- cago, lllinois lor services associated with determining the capacity 01 a belt press slodge dewatering onit, to per- lorm the design lor the installation 01 such equipment, lor the preparation 01 contract docoments lor the selection 01 the supplier snd award 01 coutract to both the supplier snd the instsller, snd to further make a detalled inspection 01 the existing thermal conmtioning onit (limpro installation) as to how the operation 01 tWs onit can be optimized. Passed, approved and adopted this 17th day 01 December, 1979. Richard Wertzberger, Mayor Thomas A. Tully. Jr. D. Michael King James E. Brady Carolyn Farrell Conncil Members ATTEST: Leo F. Frommelt, City Clerk Council Member Tully moved adop- tion 01 tbe Resolution. Seconded by Conncil Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. ORDINANCE NO. 78-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REPEALING SECTION 13-106 TIIEREOF AND BY ENACT- ING A NEW SECTION 13-106 IN LIEU TIlEREOF; BY ENACTING A NEW SECTION 13-111 TIlEREOF; AND BY ENACTING A NEW SECTION 13-112 TIIEREOF PROVIDING FOR TIlE TERMS OF TIlE MEMBERS OF THE BOARD, PBOVIDING FOR MEET- INGS OF TIlE BOARD AND PROVID- ING FOR THE PROCEDUBES TO GOVERN THE ACTIONS OF TIlE BOARD (ELECTRICAL EXAMINERS BOARD), presented and read. Conncil Member Tully moved that the reading just had be cuusidered tbe first reading ul the Ormnauce. Seconded by Mayor Wertzberger. Carried by the lollowing vute: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ormnance to be received and Iiled at two meetings prior to the meeting when final actiun is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 78-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REPEALING SECTION 13-106 TIlEREOF AND BY ENAC- 'I'ING A NEW SECTION 13-106 IN LIEU TIlEREOF; BY ENACTING A NEW SECTION 13-111 TIlEREOF; AND BY ENACTING A NEW SEC. TION 13-112 THEREOF PROVIDING FOR HIE TERMS OF TIlE MEM- BERS OF TIlE BOARD, PROVIDING FOR MEETINGS OF TIlE BOARD AND PROVIDING FOR TIlE PRO- CEDUBES TO GOVERN TIlE AC- TIONS OF TIlE BOARD: NOW, THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the city of Dubuque, Iowa, be amen4ed by repealing Section 13-106 thereof and enacting a new Section 13-106 in lieu thereofasfolJJJws: "Section 13-106. Terms. ( a) The term of each member of the board created by this division shall be four (..) years; provided, however, thot the original appotntments to the board shall be made as folJJJws; two (2) members for three (3)years; three (3)membersfor four ("years. ( b ) AU appotntments made after No- vember 19, 1979 shall be for a period of three (3) years or untü a suæessor is duly appointed. " Section 2. That the Code of Ordi- nances of the city of Dubuque, Ioux>, be amended by enacting a new Section 13-111 thereof as folJJJws; Section 13-111. Meetings. (a) The board shall meet at the call of the chuirperson. ( b ) Members of the board of electrical examiners shall atten4 at least two thirds ('h) of all reguklrly scheduled meetings within any twelve (12) nwnth period. If any member does not attend such prescribed number of meetIngs, it shall constitute grounde of the commis. "Ù"n to ','ec""nmend lo lhe Vub'UqUe my Couneil that said member be repÙLCed. Attendence of all members, shall be entered on the minutes by the secretary to the board. (c)AU meetings shall be held In conformnnce with the provisions of the Iowa Open Meetings Law. Special Session, December 17, 1979 543 (d) The board of electrical examiners shallfile with the Dubuque City Couneil copies of the minutes of each regular an4 special meeting of the commission within ten (10)working doys after each such meetIng. Section 3. That the Code of Ordi- nances of the city of Dubuque, Ioux>, be amen4ed by enactIng a new Section 13-112 thereof as folJJJws; Section 13-112. Procedures. AU administrative, personnel, account. ing, budgetary an4 procurement policies of the city shall govern the electrical board of examiners in all of its operations. " Passed, approved and adopted this 17th day 01 December, 1979. Richard Wertzberger. Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: LeoF. Frommelt, City Clerk Published officially in the Telegrapb Herald Newspaper this 24th day of December, 1979. Leo F. Frommelt. City Clerk 1t 12/21, Council Member Tully moved linal adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Tully. Nays-Council Member Brady. ORDINANCE NO. 79-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW CHAPTER 11 'I, TIlEREOF ESTABLISHL"IG A COM'lfUNITY DEVELOPMENT COMMISSION, DE- FINING TIlE PURPOSE OF SAID COMMISSION, ESTABLISIDNG TIlE MEMBERSHIP OF SAID COMMIS- SION, PROVIDING FOR MEETINGS Q}' SAID COMMISSION, PROVIDING FOR TIlE STAFFING OF SAID COMMISSION AND TIlE PRO- CEDURES TO BE ADOPTED BY SAID COMMISSION, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Member Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that tbe rule requlring an Ordinance to be received and Iiled at two meetings prior to tbe meeting when linal action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by tbe foilowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 79-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA. PROVIDING TIlAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW CHAPTER 11 'I, TIlEREOF ESTABLISIDNG A COMMUNITY DEVELOPMENT COMMISSION, DE- FINING TIlE PURPOSE OF SAID COMMISSION, ESTABLISIDNG TIlE MEMBERSHIP OF SAID COMMIS- SION, PROVIDING FOR MEETINGS OF SAID COMMISSION, PROVIDING FOR TIlE STAFFING OF SAID COM- MISSION AND TIlE PROCEDURES TO BE ADOPTED BY SAID COMMIS- SION. NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by enacting a new Chapter 11 'I, thereof establishing a Community ÐeveÙJpment Commission to provide as folJJJws; CHAPTER 11 'I, COMMUNITY DEVELOPMENT COMMISSION ARTICLE 1 Statement 01 Intent Section 11 '1,-1. General. The City Couneil of the City of Dubuque wishes to assure thot afair cross section ~f the resid~"ts of the City of Dubuque Jally participaie In the contInuous pro- cess of budgetIng, deveÙJping. mouitor. ing and evalnating the community deveÙJpment block grant progra.-m. IIIIIIIIIII! IIIIIIIIIIIII i lilill III I,!illillill ARTICLE II. Community Development Commission Sec. 11 'h-2- Created. There is hereby created a Community Devewprnent commission to hare such powers an4 responsibiUties to the ex- tent of authority granted by the City Couneil of the City of Dubuque. Sec. 11 'h3. Purpose and Charge. (a) The Commumty DeveÙJpnænt Commission is charged with the deveÙ)pment of the commumty de- 544 Special Session, December 17,1979 velo¡m¡ent program based an identifiable community deveÙJp- ment needs an4 objectives through the Ú!Volvement of residents likely to be effected by community de- velo¡m¡ent an4 housing activities, the private sector, an4 ÙJcal gov- ernment for submission to the City G>uncil for their considera- tion. ( b) The neighborhood organizatian in the community deveÙJpment or- ganizati<mal structure is the basic grWiSl'Oots structure for analyzing problems, recommending ob. jectives an4 suggesting pro,qram strategy. The community de- velo¡m¡ent commission wiU rely heavily on the neighborhood or- ganization input when deveÙJping an4 eValuat1ng the total com- munity deveÙJpment program. Section 11 11.4. Membership. ( a) The community development com- mission shall have a membership of nine (g) persons as described hereinafter who shall be appointed by the City Council of the city of Dubuque for a period of three (3) years. Three (3) of the Initial appointments shall be for a <me (1) year term three (3) of such ap- pointments shall be for a term of two (2) years, an4 the balance of appointments s/wlJ be for a term of three (3) years. The two (2) members representing the housing commission and the rehabilitation commissian shall be nominated for appointment to the community deveÙJpment commission by their respective commissions, an4 they shall serve as members of the com. munity deveÙJpment commission for terms coincidIng with the terms set forth by their repsective commissians. Upon completion of thel'r term of office, members shall continue to se,.,'e in their full capacity until a successor hos been duly appointed. The City Council shall solicit re- commendations from representa- tive organizations, agencies an4 the public before making such appointments. (blMembership of the community deveÙJrnent commission shall be lImited to residents of the city of Dubuque. ( c ) A vacancy caused by resignation or other reasons an the community deveÙJpment commissian shall be fiUed by the City Council of the city with thirty (30) days for the unexpired term of the office. ( d) Members of the community dovel- opment commission shall atten4 at at least seventy five (75) percent of all regukLrly scheduled an4 heid meetings within any twelve (12) month period. If any member does not attand such prescribed number of meetings, it shall constitute grounde after heaTIng by the com- munity deveÙJpment commissian for the community deveÙJpment commission to recommen4 to the City G>uncil that said member be replaced. Atten4ance of all mem- bers shall be entered on the minutes. ( e ) No member of the community deveÙJpment commission may be an empÙJyee of the city. (f) No nwre than <me representative from the same board or commis- sian of the city of Dubuque may be a member of the community de- velopment commissian at anyone time. (g)AU members of the community deveÙJpment commission shall serve without compensation ex- cept for reimbursement of authorized out of town travel ex- penses incurred in the discharge of their duties. (h) The membership of the Commun- ity Development Commission shall at all times inclwI.e the foUowing representation: 1, Four (4) representatives from target areas, but not nwre thon <me (1) from any organized area. 2. Three (3) at ÙLrge members. 3. One ( 1) Housing Commission member. 4. One (1)Rehabilitation Cbmmis- sian member. 5. At least two (2) members listed above from ÙJw an4 moderate In- come househoid as defined by U. S. Department of Housing Urban De- velopment. 6, No less than four (4) nor nwre than five (5) from the total of all target areas. The óity Council wiU review the membership on the Commission yearly to insure thot it maintains a fair representatian of the com- munity. Section 11 11.5. Organization. ( a) Community deveÙJpment com- mission may ndapt rules, byÙLws an4 regidetions govern1ng its or- ganizati<mal procedures Wi may be deemed necessary an4 which are not in conflict with this doc- ument or any other resolutions and ordinances of the city of Dubuque. ( b ) AU programs, projects an4 ser- Special Session, December 17, 1979 545 vices to be formed by members of the community deveÙJpment com- mission, either singiderly or as a commission, must conform to the policies of the city of Dubuque and to applicable ÙJcal, state and federal ÙLWS, rules and regide- tions. ( c ) Nothing In this organizati<mal structure prohibits or prevents any person, or group of persons, to formally or informally petition the Dubuque City CoutWil or the city administration regard- ing the community deveÙJPment program. Section 11 '1.6. Meetings. ( a) The community development com- mission shall hoid an organiza- ti<mal meeting on a date selected by the mayor of the city of Dubu- que an4 a reorganizati<mal meeting annually thereafter. ( b ) The Secretary of the community deveÙJPment commission shall file with the City C<Juncil, rehabilita- tion commission an4 /wlJÆing com- mission a copy of the minutes of each regukLr and special meel1ng of the commission within ten (10) working days after each such meeting. ( c ) AU meetings shall be heid in can- formance with the provisions of of the Iowa Open Meetings Law. Section 11 '1.7. Stall. (a) The community deveÙJpment spec- WIist for the City of Dubuque shall act as secretary of the regukLr an4 special meetings of thé Cbmmunity DeveÙJPment Cbmmission an4 shall record all votes, heep a re- cord of all proceedings of the com- mission an4 perform such other '{;:::~~~dent to the office of se- I ( b ) The director of the Department of Cbmmunity DeveÙJpment shall hove general superuisian of the '114- ministration an4 affairs of the Cbmmunity DeveÙJpment Com- mission, subject to the direction of the commission. The department shall mainta1n the recorde of the commission an4 shall be charged with the overall management, ad- ministration an4 operation of all community deveÙJpment pro- grams. ( c ) The Cbmmunity DeveÙJ-priWnt Cbmmission acknowledges that sole responsibility and authority to make final determination for the carrying out of any community devela¡mw1¡t activity or program 'rests with the Dubuque City Coun- CÜ, and the City C<JutWil does not require the c<mcUrrence of any person or group of persons to make such a determination. Section 11 '/r8. Procednre. AU administrative, personne~ accoun- ting, budgetary an4 procurement poli- cies of the City shall govern the Cbmmunity DeveÙJPment Cbmmission 1n all of its operations. " Section 2. That Resolution No. 280- 75, Resolution No. 77- 76 and Resolution 351- 76 an4 Resolution No. 411- 78 be and the same are hereby repealed and of no further force or effect. ' Passed, approved and adopted this 17tb day of December. 1979. Richard Wertzberger, Mayor ThomasA. Tully, Jr. D. Michael King Carolyn Farrell Conncil Members ATTEST: Leo F. Frommelt. City Clerk Publisbed officially in tbe Telegrapb Herald Newspaper this 24tb day 01 December, 1979. LeoF. Frommelt, City Clerk It 12/24 Council Member Tully moved final adoption 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by tbe lollowing vote: " Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO- 80-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REPEAUNG SECTION 26-131 TIIEREOF AND ENACTING A NEW SECTION 26-131 IN LIEU TIlEREOF; BY REPEALING SUB- SECTION (a) OF SECTION 26-132 TIIEREOF AND ENACTING A NEW SUBSECTION (a) OF SECTION 26-132 IN LIEU TIIEREOF; BY REPEAUNG PARAGRAPH (8) OF SUBSECTION (h) OF SECTION 26-132 TIIEREOF; BY ENACTING A NEW SECTION 26-133 TIIERETO; BY ENACTING A NEW SECTION 26-134 THERETO; AND BY ENACTING A NEW SEC- TION 135 TIIERETO PROVIDING FOR CREATION OF DIVlSION OF PUBUÇ DOCKS, TIlE COMPOSITION TIlEREOF, THE MANNER OF AP- POINTMENT OF DOCK MANAGER, MANNER OF CONDUCTING MEET- INGS, AND PROCEDURES GOVERN- ING TIlE OPERATION OF TIlE - --- 546 Special Session, December 17,1979 DMSION OF PUBLIC DOCKS, pre- sented and read. Council Member Tully moved that the reading just bad be considered the first rea<ling 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requlring an Ordinance to be received and filed at two meetings prior to the meeting when linal action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the loilowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when linal action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farreil, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 80-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIIAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE A- MENDED BY REPEALING SECTION 26-131 THEREOF AND ENACTING A NEW SECTION 26-131 IN LIEU THEREOF; BY REPEALING SUB- SECTION (a) OF SECTION 26-132 'lllEREOF AND ENACTING A NEW SUBSECTION (a) OF SECTION 26-132 IN LIEU TIlEREOF; BY REPEAL- ING PARAGRAPH (8) OF SUB- SECTION (h) OF SECTION 26-132 TIlEREOF; BY ENACTING A NEW SECTION 26-133 TIIERETO; BY EN- ACTING A NEW SECTION 26-134 TIIERETO; AND BY ENACTING A NEW SECTION 135 TIlERETO PRO- VIDING FOR CREATION OF DI- VISION OF PUBLIC DOCKS, TIlE COMPOSITION TIlEREOF, TIlE MANNER OF APPOINTMENT OF DOCK MANAGER, MANNER OF DUCTING MEETINGS, AND PRO- CO!'<'DUCTING MEETINGS, AND PROCEDURES GOVERNING TIlE I PUBLIC DOCKS NOW THEREFORE BY IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amen4ed by repealing Section 26-131 thereof and enacting a new Section 26. 131 in lieu thereof as foUows: "Section 26-131. Created. There is hereby created a division of the City to be I=wn as the Division of Public Docks. " Section 2. That the Code of Ordi- naru;es of the City of DuiJuque, Ioux>, be amen4ed by repealing Subsection (a) of Section 26-132 thereof an4 enacting a new Subsection (a)of Section 26-132 in lieu thereof as foUows: "Section 26-132. Dock Board. (a) Composition The Division of Public Docles shall be administered by lhe Dock Board consisting of three (3)members to be known as Commis- monel'S of Public Docles. " Section 3. That the Code of Ordi. nances of the City of Dubuque, be amen4ed by repealing Para,qraph (8) of Subsection ( h)of Section 26-132 thereof Section 4. That the Code of Ordi- naru;es of the City of Dubuque, Iowa, be amen4ed by enactÚ!g a new Section 26-133 thereto asfolÙJws: "Section 26-133. OIIice 01 Dock Manager. The office of Dock Manager is hereby created who shall be appointed by an4 serve at the pleasure of the City Man- uqer. The Dock Board shall serve as a personnel advisory committee to the City Manager in the selection of such a mœnager. " Section 5. That the Code of Ordi- nances of the city of Dubuque, Iowa, be amen4ed by enacllng a new Section 26-134 thereto asfoUows: "Section 26-134. Meetings. (a) Members of the Docie Board shall atten4 at least two thirds (%) of all regularly scheduled meetings with!n any twelve (12) month period. Ifany member does nol attend such pre- scribed number of meetings, it shall constitute grounds for the board to recommen4 to the Dubuque Oily CÐuncil that said member be repÙ1ced. Attendaru;e of all members shall be entered on the minutes. (b) AU meetings shall be held in con- formaru;e with the provisions of the Iowa Open Meetings Law. ( c) The Docie Board shall file with the Dubuque City Cbunc¡J a copy of the minutes of each regular an4 spe. cial meeting of the boœrd with!n ten (10) working doys after each such meeting. " Section 6. That the Code of Ordi- nances of the city of Dubuque, Ioux>, be amended by enacting a new Section 26-135WJfoUows: "Section 26-135. Administrative and Other Policies of City, Applicability. AU administrative, persmmel, ac- couni;!ng, budgetory and prornrement policies of the city shall govern the Special Session, December 17,1979 547 commission in all of its operations." Passed. approved and adopted this J7th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farreil Council Members ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald newspapor this 24tb day of December, 1979. Leo F. Frommelt, City Clerk It 12/24 Council Member Tully moved final adoption of tbe Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 81-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIIAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SUB- SECI'lON (II) OF SECTION 2-169 TIlEREOF AND ENACTING A NEW SUBSECTION (II) OF SECTION 2-169 IN LIEU TIlEREOF PROVIDING FOR TIlE CREATION AND FIXING RE- SPONSIBILmES OF A PUBLIC WORKS DIRECTOR, presented and read. Council Member Tully moved that the reading just had be considered tbe first reading 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger. Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 81-79 AN OIUJINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT 'l1lE CODE OF ORDINANCES, CITY o}' DUBUQUE, IOWA, BE AMENDED BY REPEALING SUB- SECTION (II) O}' SECTION 2-169 'lllEREOF AND ENACTING A NEW SUBSECTION (B) OF SECTION 2-169 IN LIEU TIlEREOF PROVIDING FOR TIlE CREATION AND FIXING RE- SPONSIBILI'lIES OF A PUBLIC WORKS DIRECTOR. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- naru;es of the city of DuiJuque, Iowa, be amen4ed by repeaUng Subsection (b) of Section 2-169 thereof an4 enacting a new subsection (b) of Section 2-169 !n lieu thereof as foUows: "Section 2.169. Created: Respansibi- lities Generally. ( b ) Said office shall be charged with the responsiblity for construction an4 operation of pubUc works, an4 shall have the responsibility for directing the activities of several divimons comprised in the Public Works De- partment, iru;ludlng water system, engineering, street nwintenaru;e, sanitary an4 storm sewerage, waste- water treatment, refuse coUection an4 dispomtion, _ntenaru;e garage, an4 pubUc docles. " Passed, approved and adopted this 17th dr.y of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Micbael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt. City Clerk Published officially in the Telegraph Herald newspaper this 24th day of December. 1979. Leo F. Frommelt, City Clerk It 12/24 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. ORDINANCE NO. 82-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIIAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SECTION 13-44 TIlEREOF AND EN- ACTING A NEW SECTION 13-44 IN LIEU TIIEREOF; PROVIDING FOR THE TERMS OF OFFICE OF MEM- BEltS OF THE ELECTRICAL AP- PEALS BOARD; BY ENACTING NEW SUBSECTIONS (D), (E) AND (F) OF SECTION 13-46 THEREOF, PRO. 1IIIIil lilililil 548 Special Session, December 17,1979 Special Session, December 17,1979 549 VIDING FOR TIlE MEETINGS OF SAID BOARD; AND BY ENACTING A NEW SECTION 13-47 THEREOF, PROVIDING FOR PROCEDURES TO GOVERN TIlE ACTIONS OF SAID ROARD' presented and read. Conncil Member Tully moved tbat the reading just had be considered the lirst reading 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requlring an Ordinance to be received and filed at two meetings prior to the meeting wben final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 82.79 AN ORDINANCE OF TIlE CITY OF DURUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DURUQUE, IOWA, BE AMENDED BY REPEALING SECTION 13-44 TIlEREOF AND EN- ACTING A NEW SECTION 13-44 IN LIEU THEREOF, PROVIDING FOR THE TERMS OF OFFICE OF MEM- BERS OF TIlE ELECTRICAL AP- PEALS BOARD; BY ENACTING NEW SURSECTIONS (D). (E) AND (F) OF SECTION 13-46 TIlEREOF, PROYID- ING FOR PROCEDURES TO GOVERN TIlE ACTIONS OF SAID ROARD' NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi. nances of the City of Dubuque, Ioux>, be amen4ed by repealing Section 13-44 thereof and by enacting a new Section 13-44 in lieu thereof as follnws: , "Section 13-44. Terms 01 OIIice. (a) The term of each member shall be four (4) years; providing, how- ever, thot the original appoint- ments to the board shall be rnmie asfollnws: Two (2)members shall be appointed to serve for a period of three (3) years; three (3) members shall' be appointed to serve for a period of fryur (4) years. ( b ) AU appointments rnmie after No- vember 19, 1979, shall be for a period of three (3) years or until their successors are d'llly appointed." Section 2. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by enacting new Subsections (d), (e)an4lf)toSection13-46thereof WifolÙJws: "Sec. 13-46. Meeting.. (d)Members of the electrical appeals board shall atten4 at least two- tMrde ( 'h ) of all regularly sched'llled meetings within any twelve (12) month period. If any member does not attend such pre- scribed number of meetings, it shall crmstitute grounde for the board to recommend to the City Council that said member be re- pÙLced. Attendance of all mem- bers shall be entered on the minutes. ( e ) AU meetings shall be helii in con- formance with the provisions of the Iowa Open Meetings Law. If) The electrical appeals board shall file with the City Cryuncil a copy of the minutes of each reguÙLr and special meeting of the board within ten (10) working doys after each such meeting. " Section 3. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by enacting a new Section 13-47 thereof as follnws: "Sec. 13-47. Procedure.. AU admÚ¡istrative, personnel, account- ing, bndgetary and procurement policies of the City shall govern the Electrical Appeals Board in all of its operatirms. " Passed, approved and adopted tbis 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members SECTION 19 'h4 TIlEREOF, PRO- VIDING FOR TIlE REQUIRED AT- TENDANCE OF MEMBERS AT MEETINGS AND PROVIDING FOR TIlE HLING OF MINUTES OF MEETINGS WITII TIlE CITY COUN- CIL; AND BY ENACTING A NEW SUBSECTION (12) OF SECTION 19'h5 'I1IEREOF, PROVIDING FOR TIlE ESTABLISHMENT OF PRO-¡ CEDURES GOVERNING TIlE ACTIONS OF SAID IDSTOIUC PRE- SERVATION COMMISSION, present- ed and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Br1dy. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to tbe meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Tully. Nays-Council Member Brady. 0IUJINANCENO.83-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA PROVIDING TIlAT TIlE CODE OF ORDINANCES OF l11E CITY OF DUBUQUE, IOWA BE AMENDED BY ENACTING NEW SUBSECTIONS (E) AND (F) OF SECnON 19 'h4 TIlEREOF, PROVID- ING FOR TIlE REQUlltED A'ITEN- DANCE OF MEMBERS AT MEET- INGS WITII 'I1IE CITY COUNCIL; AND BY ENACTING A NEW SUB- SECnON (12) OF SECTION 19'/.5 THEREOF, PROVIDING FOR TIlE ESTABLISHMENT OF PROCEDURES GOVERNING THE ACTIONS OF SAID IDSTOIUC PRESERVATION COMMISSION. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- 'Illnces of the City of Dubuque, Iowa be ",nended by enact1ng new Subsections (e) an4 If) of Section Ig 'h4 thereof as f,¡llnws: "Sec. 19 'h4. Same - Election of offi- cers; organization; rules and bylaws, conduct of meetings; record of actions. (e)Memben of the Historic Preser- vation Commission shall atteJul at teWit two-thirds ('h) of all reguÙLrly sched'llled rrwetings within any twelve (12) month period. If any ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald newspaper this 24th day 01 December, 1979. Leo F. Frommelt, City Clerk It 12/24 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 83-79 AN ORDINANCE OF 'I1IE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES OF TIlE CITY m' DUBUQUE, IOWA, BE AMFlWED BY &'ACTING NEW SUBSECTIONS (E) AND (F) OF member does not atten4 such pre- scribed number of meetings, it shall eonstitute groun4s for the commis. sian to recommen4 to the Dubuque City Council that said member be repÙLced. Attendance of all members shall be entered on the rrnnutes. If) The Historic Preservation Com- mission shall file with the Dubuque City Council a copy of the rrnnutes of each reguÙLr an4 special meeting of the commission within ten (10) work- ing dogs after each such meeting. " Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amen4ed by enacting a new Subsection (12) of Section 19'h5 thereof as fvllnws: "Sec. 19'1.5. Same - Powers and duties generally. (12) AU administrative, personnal, accounting, budgetary an4 procure. ment policies of the City shalt govern the Historic Preservation Commis- sion in all of its operations." Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 24th day of December. 1979. Leo F. Frommlet City Clerk 11 12/24 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Member Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 84-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES OF 'I1IE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SUBSECTION (a) OF SECnON 36-182 TIlEREOF AND BY ENACTING A NEW SUBSECTION (a) OF SECl'ION 36-182 IN LIEU TIIEREOF; BY ENAC- l'ING NEW SUBSECTIONS (e ì ( f) AND (g) OF SECTION 36-183 TIlERE- OF; AND BY ENACTING A NEW SECTION 36-186 TIlERETO; PROVI. DING f'OR TF.RMS OF MEMBERSIDP IN TIlE DUBUQUE CABLE TV COM- 550 Special Session, December 17,1979 MISSION, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when linal action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farreil, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 84-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING 'I1IAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SUBSECTION (a) OF SECTION 36-182 TIlEREOF AND BY ENACTING A NEW SUBSECTION (a) OF SECTION 36.182 IN LIEU THEREOF; BY ENAC. TING NEW SUBSECTIONS (e), ( f) AND (gJOF SECTION 36-183 TIlERE- OF; AND BY ENACTING A NEW SECTION 36-186 TIlERETO; PROVI- DING FOR TERMS OF MEMBEItSIDP IN TIlE DUBUQUE CABLE TV COM- MISSION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, 10",," be amen4ed by repeabng Subsection (a) of Section 36-182 thereof and by enacting a new Subsection (a)of Section 36-182 In lieu thereof as foUows: "Sec. 36-182. (a) The commission shall hove a membership of nine (9) persons ap- pointed by the City Conncil for two 12) year terms. Five (5) of the Initial appointments shall be for one ( 1 ) year terms an4 the balance shall be for two (2) year terms. Members of the Dubuque Cable TV Commission ap. pointed after November 19, Ig79, shall serve for a period of three (3) years. Upon completion of their term of office, members shall continue to serve ,n their full capacity until a successor hos been dmy appointed. " Section 2. That the Code of Ordi- nances oftfie City of Dubuque, Ioux>, be amen4ed by enactIng a new Subsections, (e), If) and (g) to Section 36.183 thereof as foUows: "Sec. 36-183. ( e) Members of the Dubuque Cable TV Commission shall atten4 at least two-thirrhi (%) of ,all regalarly sche- dalad meetIngs within any twelve (12) mnnth period. If any member does rwt atten4 such prescribed number of meetings, it shall constitute ground.s for the board to recommen4 to the Dubuque City Council that said memo bel' be replaced. Attendance of all members shall be entered on the minutes, If) All meetIngs shall be held in con. fO'fWÆLnce with the provisions of the Iowa Open MeetIngs Law. (g) The Dubuque Cbble TV Commis- sion shall file with the Dubuque City Council a copy of the minutes of e(]£h regalar an4 spedd meeting of the commission withIn ten (10) working doys after each meet,ng. " Section 3. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by enact,ng a new Section 36-186 thereof as foUows: "Sec. 36.186. Procedures. All administrative, personnel, ac- countIng, budgetary an4 procurement policies of the City shall govern the Dubuque Cbble TV Commission In all of its operations. " Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Publisbed officially in the Telegraph Herald newspaper this 24th day of December. 1979. LeoF. Frommelt, City Clerk It 12/24 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, ('Æ>uncil Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 85-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING 'IlIAT TIlE CODE OF ORDINANCES OF 'I1IE CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTINC A NEW ARTICLE VIll TO CHAPTER 20 '1IEREOF, PROVIDING }'OR TIlE Special Session, December 17,1979 551 CREATION OF A HOUSING COMMIS- SION, ESTABLISIDNG TIlE PUR. POSE TIlEREOF, ESTABLISIDNG THE MEMBERSHIP '11IEREOF, PRO- VIDING FOR TIlE MEETINGS TIlEREOF, TIlE ORGANIZATION TIlEREOF AND TIlE PROCEDURES TO BE FOLLOWED GOVERNING TIlE ACTIONS OF SAID COMMIS- SION, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. ()årried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to tbe meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 85-79. AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW ARTICLE VIll TO CHAPTER 20 '1IEREOF, PROVIDING FOR TIlE CREATION OF A HOUSING COMMIS- SION, ESTABLISHING TIlE MEM- BERSHIP TIlEREOF, PROVIDING FOR TIlE MEETINGS TIlEREOF, TIlE ORGANIZATION TIlEREOF AND TIlE PROCEDURES TO BE FOLLOWED GOVERNING TIlE ACTIONS OF SAID COMMISSION. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, 10",," be amen4ed by enactIng a new Article VIII to Chopter 20 thereof as folÙJws: ARTICLE VIII. HOUSING COMMISSION. Section 20-180. General The City of Dubuque hereby elects to have its powers as defined in Chapter 40M of the Ig79 Code of Iowa exercised by the City Council of the City of Dubuque. Sec. 20-181. Created. TIlere is hereby created a Housing Commission to hove such powers an4 responsibilities to the extent of the authority granted by the City Conncil of the City of Dubuque. Sec. 20-182. Purpose. ( a) The Housing Commission shall undertake 0'114 carry ant studies and analyses of the housIng needs and the meeting of snch neerhi, an4 to make the resmts of such studies an4 analyses avaiÙLble to the public, as well as to recomme'I14 proposed projects In the area of ÙJW an4 nwderate hoUSIng for the citizens of the City of Dubuque, ( b) Any proposed ÙJw rent housing project shall be subject to specific approval by the City Council an4 any project requirIng a referen4um as pro- vided in Chapter 403A of the 19r9 Code of Iowa shall be sulYmitted to the'voters of the City of Dubuque in accordonce with such chapter. Section 20-183. Membership. ( a) The Housing Commission shall be comprised ofamembership of seven (7) persons who shall be appcnnted by the Dubuque City Cbuncil for terms of two (2) years. 1'uxJ (2) of the initial appointments shall be for terms of one (1) year. Three ( 3) of the initial appointments shall be for a term of two (2)years. ( b ) All appointments after November 19, 1979, shall be for a period of three ( 3) years or until their successors are duly appointed. (c) Vacancy caused by death, re$- ignation or otherwise on the commission shall be promptly filled by the Dubuque City Council for the unexpired term of office. Section 20-184. Meejngs. ( a) The Housing Commission shall hold at least one (1) official meeting per mnnth. ( b) Members of the commission shall atten4 at least two-thirds (%) of all regalarly schedalad and held meetings with,n any twelve (12) mnnth period. If any member does not atten4 such a prescribed number of meetIngs, it shall constitute groun4s for the commission to recommen4 to the Dubuque City Council that said member be replaced. The attendance of all members shall be entered upon the m,nl11es of all meet- Ings. ( c ) All meetings shall be held In con- forma:nce with the provisions of the Iowa ()pen Meetings Law. (d) The Housing Commission shall file with the Dubuque City Cbuncil a copy of the minutes of eoch regmar and special meeting of the commission within ten ( 10) working doys after each such meeting. Sec. 20-175. Compensation. All members of the commission shall serve without compensation except for râmbursement of necessary expenses. Ij 552 Special Session, December 17,1979 Special Session, December 17,1979 553 Sec. 20-186. lnternal Organization. The commission may adopt rn/es an4 reguÙLtions to govern its organizational procedures as they may deem necessary an4 which are not in c""flict with this document or other resolutions and/or decisions of the City. Sec. 20-187. Supervisor. The supervisor of the housing progra:m shall be appointed by and serve at the pleasure of the City Mano.ger. The Housing Commissi"" shall serve as a pers""nel advisory committee to the City Mano.ger in the selecti"" of such a supervisor. Sec. 20.186. Procedures. AU administrative pers""nel, account- ing, budgetary an4 procurement policies of the City shall govern the commissi"" in all of its operations." Section 2. That Resolution No. 244- 70, Resoluti"" No. 96- 71 an4 Resoluti"" No. 19-76 be and the same are hereby repealed an4 of no further force an4 effect. Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Pubilshed oflicially in the Telegraph Herald newspaper tbis 26th day of December, 1979. Leo F. Frommelt, City Clerk It 12/26 Council Member Tully moved final adoption of the Ordinance. Seconded by Mayor Wertzberger. CaITIed by tbe lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King. Tully. Nays-Council Member Brady. ORDINANCE NO. 86-79 AN ORDINANCE OF TIlE CIIT OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DVBUQUE, IOWA, BE AMENDED BY REPEALING SUB- SECTION (c) OF SECTION 21-23 TIlEREOF AND ENACTING NEW SUBSECTIONS (c) AND (d) OF SEC- TION 21-23 IN LIEU TIlEREOF; BY REPEALING SECTION 21 -25 TIlERE- OF AND EANCTING A NEW SEC- TION 21-25 IN LIEU TIlEREOF: BY REPEALING SUBSECTION ( 3) OF SECTION 21-27 TIlEREOF; BY EN- ACTING A NEW SECTION 21-28 TIlEREOF: AND BY ENACI'lNG A NEW SECTION 21-29 TIlEREOF PROVIDING FOR COMPLIANCE WITH lOW A OPEN MEETINGS LAW, AND ATTENDANCE AT MEETINGS, PROVIDING FOR WORK RECORDS TO BE PUBLIC AND EXCEPI10NS THERETO, PROVIDING FOR 'I1IE APPOINTMENT OF TIlE HUMAN IUGlITS DIRECTOR AND PRO- VIDING FOR PROCEDURES GOVER- NING TIlE ACTIONS OF TIlE HUMAN RIGlITS COMMISSION, pre- sented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Conncil Member Tully moved that tbe rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farreil, King, Tully. Nays-Council Member Brady. nances of the City of Dubuque, IoWl, be amen4ed by repealh¡g Subsection (c) of Secti"" 21-29 thereof an4 enactIng a II£W Subsection (c) an4 a new Sub- secti"" (d)thereofasfoUows: "Section 21-23. Meetings. (c) All meellngs of the commissi"" shall be held in conformance with the Iowa Open Meetings Law an4 closed meetings shall be held only upon the affirmative vote of two thirds ('/') of its members present. (c) Members of the Human Rights Commissi"" shall atten4 at least two thirm ('/') of all regularly scheduled m€Ctings within any twelve (12) months period. If any member does not atten4 such prescribed number of meet- ings, il shall constitute grounde for the Cmnmission to recomme'I14 to the Du- buque City Council thot saù1 member be repÙLCed. Atteadonce of oJ1 members shoJ1 be entered"" the ,",nutes." Section 2. I1wt the Code of Ordi- nances of the City of Dubuque, IoWl, be amended by repealIng Secti"" 21-25 thereof an4 enacting a new Secti"" 21-25 In lieu thereof asfolÙJws: Sections 21.25. Records to be Public: Exceptions. AU recorm of the Commission shall be public except: I ( 1 ) Charges, complnt'nts, reports of in- vestigations, statements an4 other documents or recorm obtained in In- vesti.qati"" of any charges shall be cÙJsed recorm. " Section 3. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by repeabng Subsection (9) of Secti"" 21-27 thereof. Section 4. That the Code of Ordi- nances of the city of Dubuque, IoWl, be amen4ed by enacting a new Secti"" 21-28 thereof asfo!kJws: "Section 21-28. Appointment. The office of human rights director is hereby created, who shall be appointed by and serve at the pleasure of the City Mano.ger. The human rights commis- si"" shall seroe as the pers""nel ad- visory committee to the City Manager in the selecti"" of the director. " Section 5. That the Code of Ordi- rumces of the city of Dubuque, IoWl, be amen4ed by enacting a new Section 21-29 thereofasfo!kJws: "Section 21-29. Administrative and Other Policies 01 City, Applicability. AU administrative, personnel, account- Ing, budgetary an4 procurement policies of the city shall govern the commissi"" in oJ1 its operations. .. Passed, approved and adopted tbi$ 17th day of December, 1979. Richard Wcrtzberger, Mayor ORDINANCE NO. 86-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SUB- SECTION (c) OF SECTION 21-23 THEREOF AND ENACTING NEW SUBSECTIONS (c) AND (d) OF SEC- TION 21-23 IN LIEU TIlEREOF: BY REPEALING SECTION 21-25 TIlERE- OF AND ENACTING A NEW SEC- TION 21-25 IN LIEU TIlEREOF: BY REPEALING SUBSECTION ( 3) OF SECTION 21-27 TIlEREOF: BY EN- AC'nNG A NEW SECTION 21-28 TIlEREOF; AND BY ENACI'lNG A NEW SECTION 21.29 TIlEREOF PRO- VIDING FOR COMPLIANCE WITH IOWA MEETINGS LAW, AND AT- TENDANCE AT MEETINGS, PRO- VIDING FOR WORK RECORDS TO BE PUBLIC AND EXCEPI10NS TIIERETO, PROVIDING FOR TIlE APPOIN'fMEN!' OF TIlE HUMAN IUGlITS DIRECTOR AND PROVID- ING FOR PROCEDURES GOVERN- ING TIlE ACTIONS OF TIlE HUMAN IUGlITS COMMISSION NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- I I Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald newspaper this 26th day 01 December, 1979. Leo F. Frommelt, City Clerk It 12/26 Council Member Tully moved final adoption 01 tbe Ordinance. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger. Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 87-79 AN ORDINANCE OF TIlE CIIT OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 27-1 TIlEREOF AND BY EN- ACTING A NEW SECTION 27-1 IN LIEU TIIEREOF; BY REPEALING SECTION 27-16 TIlEREOF AND EN- ACTING NEW SECTION 27-16 IN LIEU TIIEREOF: BY REPEALING SECTION 27-19 TIlEREOF AND EN- ACTING A NEW SECTION 27-19 IN LIEU TIIEREOF: BY REPEALING SECTION 27-20 TIlEREOF AND EN- ACTING A NEW SECTION 27-20 IN LIEU TIlEREOF; BY ENACTING A NEW SECTION 27-22 TIlEREOF: AND BY ENACI'lNG A NEW SEC- TION 27-23 TIlEREOF PROVIDING FOR COOPERATION WITH TIlE SCHOOL BOARD, PROVIDING FOR TIlE CREATION OF PLAYGROUND AND RECREATION COMMISSION, ESTABLISffiNG TIlE POWERS AND DUnES OF TIlE PLAYGROUND COMMISSION, CREATING TIlE OFFICE OF RECREATION DIREC- TOR AND MANNER OF APPOINT- MEN!' TIIEREOF, PROVIDING FOR THE ATI'ENDANCE AT MEETINGS, MANNER OF CONDUCTING MEET- INGS AND ESTAll,LISHlNG OF PRO- CEDURES GOVE¡tNING TIlE AC- TIONS OF SAID RECREATION COM- MISSION, presented and read. Council Me"'~1/t Tully moved that the reading just had be considered the lirst reading 01 the Ordinance. Seconded by M.ver Wertzberger. Carried by the lo\I.dwing vote: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. ¡ ~ _,d 554 Special Session, December 17,1979 Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken; be dispensed with. Seconded by Mayor Werzberger. Carried by the loilowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 87-79 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SEC- TION 27-1 TIlEREOF AND BY EN- ACTING A NEW SECTION 27-1 IN LIEU TIIEREOF; BY REPEALING SECTION 27-16 TIlEREOF AND EN- ACTING NEW SECTION 27-16 IN LIEU TIIEREOF; BY REPEALING SECTION 27-19 TIlEREOF AND EN- ACTING A NEW SECTION 27-19 IN LIEU TIIEREOF; BY REPEALING SECTION 27-20 TIlEREOF AND EN- ACTING A NEW SECTION 27-20 IN LIEU TIlEREOF; BY ENACTING A NEW SECTION 27-22 TIlEREOF; AND BY ENACTING A NEW SEC- TION 27-23 TIlEREOF PROVIDING FOR COOPERATION WITH TIlE SCHOOL BOARD, PROVIDING FOR TIlE CREATION OF PLAYGROUND AND RECREATION COMMISSION, ESTABLISHING TIlE POWERS AND DUTIES OF TIlE PLAYGROUND COMMISSION, CREATING TIlE OFfiCE OF RECREATION DIREC- TOR AND MANNER OF APPOINT- MENT TIlEREOF PROVIDING FOR TIlE ATTENDANCE AT MEETINGS, MANNER OF CONDUCTING MEET- INGS AND ESTABLISHING OF PRO- CEDURES GOVERNING TIlE AC- TIONS OF SAID RECREATION COM- MISSION NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: Section 1. That the Code of Ordi. =es of the City of Dubuque, Iowa, be amen4ed by repealing Section 27-1 thereof and by enacting a new Section 27-1 in lieu thereofasfolkJws: "Section 27-1. Cooperation with School Board. In the canduct and lY]Jeration of re- creation grounds and recreation activi. ties, the Oity Council shall cooperate with the Board of Education of the Dubuque Cbmmunity School District, the Superintendent of schoolS and a/1 public spirited cilizens interested in I chad welfare an4 in the advaucement of physical an4 social canditions," Section 2. That the Code of Ordi- nauces of the City of Dubuque, Iowa, be amen4ed by repealing Section 27.16 thereof an4 enacting a new Section 27-16 In lieu thereof as folkJws: "Section 27-16. Created; Composition; Compensation. There is hereby created a commis- sion to be known as the Playgroun4 and Recreation Commission of the City composed of seven I 7) members consisting of a representative of the Board of Education of the Dubuque Cbmmunity School District, a repre- sentative of the Parochial School Sys- tem, together with five ( 5) citizen members, all of whom sha/1 serve with- out compensation. " Section 3. That the Code of Ordi- =es of the City of Dubuque, Ioux>, be amen4ed by repeohng Section 27-19 thereof an4 enacting a new Section 27-19 in lieu thereof as folkJws: "Section 27-19. Powers and Duties. The recreation commission shall have jurisdiction an4 control over all reo creational programs provided by the City." Section 4. That the Code of Ordi- =es of the City of Dubuque, Iowa, be amen4ed by repeohng Section 27.20 thereof an4 enactIng a new Section 27- 20 in lieu thereof as folkJws: "Section 27-20. Office Created. The office of Recreation Director is hereby created, who shall be ap- pointed by and serve at the plea. sure of the City Manager. The recre- ation Commission shall serve as a personnel advisory committee to the Oity Manger in the selection of such a director. .. Section 5. That the Code of Ordi. nauces of the City of Dubuque be amen4ed by enactIng a new Section 27- 22 thereof as folkJws: "Section 27-22. Meetings. (a) Members of the Recreation Com. mission shall atten4 at least two think (%) of a/1 reguÙLrly scheduled meetings within any twelve 112) month period. If any member does not attand such prescribed number of meetings, it shall constitute grounds for the Board to recommend to the Dubuque City Council that said mem- ber be repÙLced. Attandance of a/1 members shall be entered on the minutes. ( b ) AU meetIngs shall be held In con- formnuce with the provisions of the Iowa Open Meetings Law. ( c) The Recreation Commission shall file with the Dubuque City Council a copy of the mInutes of eo£h reguÙLr and special meetIng of the Commission t I; I I' J I ! Special Session, December 17,1979 555 within ten 110) working days after eo£h such meeting. .. Section 6. That the Code of Ordi- nauces of the City of Dubuque, 10ux>, be amen4ed by enacting a ucw Section 27-23 thereof as folkJws: "Section 27-23. Procedores. AU admInistrative, personnel, ac- countIng, budgetary an4 procurement policies of the City shall govern the Recreation Commission in all of its operation. " Passed, approved and adopted tbis 17th day of December, 1979. Richard Wertzberger. Mayor Thomas A. Tully, Jr. D. Micbael King Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of December, 1979. Leo F. Frommelt, City Clerk It 12/26 Council Member Tully meved final adoption of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tuily. Nays-Council Member Brady. Communication of Recreation Com- mission requesting clarification of the intent of the Playground & Recreation Commission Ordinance revision. pre- sented and read. Council Member Tully moved that the communication be re- ceived and filed. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, (',ouncil Members Farrell, King. Tully. Nays-Council Member Brady. ORDINANCE NO. 88-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING ORDINANCE NO. 28; BY REPEAL- ING SECTION 4 OF ORDINANCE NO. 41-54; AND BY ENACTING A NEW DIVISION 3 COMPIUSF..D OF SEC- TION 27-80 TIIROUGH SECTION 27- 83 IN LIEU TIlEREOF, PROVIDING FOR THE ELECTION OF PARK COM- MISSIONER, TIlE TERMS OF OFF1CE TIlEREOF, F1X1NG SALARY m' TIlE COMMISSIONERS, F1X1NG AMOUNT OF BOND AND PROVID- ING FOR TIlE MANNER OF TIlE CONDUCT OF HEARINGS OF TIlE PARK BOARD AND CREATING TIlE OFF1CE OF PARK SUPER- INTENDENT AND ESTABLISIDNG TIlE MANNER OF APPOINTMENT TIlEREOF AND ESTABLISIDNG PROCEDURES GOVERNING TIlE ACTION OF TIlE PARK BOARD IN rrs OPERATION, presented and read. Council Member Tuily moved that the reading just had be considered the first reading of tbe Ordinance. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that tbe rule requiring an Ordinance to be re- ceived and filed at two meetings prior to the meeting when final action is taken. be dispensed with. Seconded by Mayor Wertzberger. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Farreil, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 88-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING ORDINANCE NO. 28; BY REPEAL- ING SECTION 4 OF ORDINANCE NO. 41-54; AND BY ENACTING A NEW DIVISION 3 COMPRISED OF SEC- TION 27-80 TIIROUGH SEC- TION 27-83 IN LIEU TIIEREOF, PRO- VIDING FOR TIlE ELECTION OF PARK COMMISSIONER, TIlE TERMS OF OFFICE TIIEREOF, F1X1NG SAL- ARY OF TIlE COMMISSIONERS, FIXING AMOUNT OF BOND AND PROVIDING FOR TIlE MANNER OF TIlE CONDUCT OF HEARINGS OF TIlE PARK BOARD AND CREATING TIlE OFF1CE OF PARK SUPER- IN'fENDENT AND ESTABLISIDNG TIlE MANNER OF APPOINTMENT TIlEREOF AND ESTABLISIDNG PROCEDURES GOVERNING TIlE ACTION OF TIlE PARK BOARD IN rrs OPERATION NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordi- =esoftheCityofDubuque, Ioux>, be amen4ed by repeali:ng Ordinance No. 28: by repealing Section 4of Ordi- nauce No. 41-54: and by enacting a new '11111: un J 556 Special Session, December 17,1979 Divisi"" 3 cmnprised of Secti"" 27-80 through Secti"" 27.83 in lieu thereof as follows: "DIVISION 3 PARK BOARD. Section 27-80. Park Commissioners. ( a) There shall be elected, as herein- after provided, three (3) Park Com- missi""ers who shall constitute an4 be known as the Park Board of the City of Dubuque, Ioux>, who shall have the jurisdiction, powers, duties as set forth in Secti"" 27-34 hereof ( b ) One (1) of such Cmnmissioners shall be elected at each reguÙLr bian- nual municipal electi"" '" the City an4 the term of office of such cmn. missi""er shall be six (6) years. ( c) Euch Cmnmissi""er shall be paid an annual salary of $1,000.00. (d) Each Cbmmissionsr shall give band in the sum of $1,000.00, an4 the cost of said band shall be poid out of the appropriate city account. (e) Within ten (10) dßys after the electi"" of any cmnmissionsr, the newly elected cmnmissi""er shall quaUfy by taking the oath of office and furnish the band in the amount as hereinbefore provided. (J) The Cbmmissionsrs shall orga. nize annually as a board by the elec- ti"" of ""e (1) of their members as chairpers"" an4 another member as secretary. - (g) Vacancies on the Park Board be- tween elections shall be filled by the City Council for the une:x:pired term of such vacancy. Section 27.81. Meetings. (a) The Park Board shall meet not less than monthly. ( b ) Members of the Park Board shall atten4 at least two thirds (%) of all regalarly scheduled meetings within any twelve (12) month period. Atten- dßnce of all members shall be entered, "" the minutes. 'I (c)All meetings shall be held in c",,- forrmcn.ce with the provisions of the Iowa Open Meetings Law. ( d) The Park Board shall file with the Dubuque City Council a copy of the mirmies of each regalar and special meeting of the Board within ten (10) workin,q dßys after each such meet"'g. Section 27-82. Office Created. The office of Park Superrnten4ent is hereby created, who shall be ap- pointed by an4 serve at the pleasure of the City Manager. The Park Board shall serve as a pers""nel advisory cmnmittee to the City Mano,ger In the selecti"" of such superrnten4ent. Section 27-83. Procednres. Alladrrunistrative, pers""nel, ac- countIng, bndgetary an4 procurement policies of the City shall govern the Park Board in all of its operations." Section 2. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be arrwn4ed by repealing Ordinance No. 28 thereof an4 by repealIng Secti"" 4 of Ordinance No. 41-54 an4 same be an4 they are hereby repealed an4 of no further force or effect. Passed, approved and adopted this 17th dayolDecember,1979. Richard Wertzberger. Mayor Tbomas A. Tl1!ly, Jr. D. Michael King Carolyn FaITell Council Members ATTEST: Leo F. Frommelt, City Clerk Publisbed ollicially in the Telegraph Herald newspapor this 26th day 01 December, 1979. Leo F. Fronunelt, City Clerk 11 12/26 Conncil Member Tully moved final adoption 01 the Ordinance. Seconded by Mayor Wertzberger. CaITied by the following vote: Yeas-Mayor Wertzberger, Council Members FaITell, King, Tully. Nays-Conncil Member Brady. ORDINANCE NO. 89-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING 'I1IATTHE CODE OF ORDINM¡CES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 29-17 TIIEREOF AND BY EN- ACTING A NEW SECTION 29-17 IN LIEU TIIEREOF, PROVIDING FOR 'l1IE TERMS OF MEl\IBERS OF TIlE PLANNING & ZONING COMMISSION AND FOR TIlE FILLING OF VA- CANCIES TIlEREOF; BY REPEAL- ING SECTION 29.21 TIlEREOF AND F.NACTING A NEW SECTION 29-21 IN LIEU THEREOF, PROVIDING FOR TIlE MANNER OF APPOINT- MENT OF DEVELOPMENT PLAN- NER; BY REPEALING SECTION 29-22 'l1IEREOF AND ENACTING A NEW SECTION 29-22 IN LIEU TIlEREOF, PROVIDING FOR PRO- CEDURES GOVERNING TIlE AC- TION O}' TIlE PLANNING AND ZONING COMMISSION; AND BY EN- AC'l1NG A NEW SECTION 29-23 TIlEREOF, PROVIDING F'OR '11IE MANNER OF CONDUCT O}' MEET- INGS, presented and read. Council Member Tully moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the Special Session, December 17,1979 557 following vote: Yeas~Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tuily moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members FaITeil. King, Tully. Nays-Council Member Brady. ORDINANCE NO. 89-79 AN ORDINANCE OF 111E CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 29-17 TIIEREOF AND BY ENACTING A NEW SECTION 29-17 IN LIEU TIIEREOF, PROVIDING FOR TIlE TERMS OF MEMBERS OF TIlE PLANNING AND ZONING COM- MISSION AND FOR TIlE FILLING OF VACANCIES 11IEREOF; BY RE- PEALING SECTION 29-21 TIlEREOF AND ENACTING A NEW SECTION 29-21 IN LIEU 111EREOF, PRO- VIDING FOR THE MANNER OF AI'POINTMENT OF DEVELOPMENT PlANNER; BY REPEALING SEC. TION 29-22 TIlEREOF AND ENAC- TING A NEW SECTION 29-22 IN LIEU TIIEREOF, PROVIDING FOR PROCEDURES GOVFlINING TIlE ACTION OF TIlE PLANNING AND ZONING COMMISSION; AND BY EN- ACTING A NEW SECTION 29-23 TIIEREOF, PROVIDING FOR TIlE MANNER OF CONDUCT OF MEET- INGS. NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nanæs of the City of Dubuque, Iowa be arrwnded by repealIng Secti"" 29-17 thereof an4 by enactIng a new Section 29-17 In lieu thereof Wi follows: "Sec. 29-17. Term: Iill-in va<aDcies. The terms of office of the members of the commissi"" created by this arti- cle shall be for five (5) years. All appOIntments made after November Ig, 1979, shall be for a period of three years or u1li;il their successors are duly appOInted, Vacancies occurrng "" the cmnmissi"" caused by resignation or otherwise shall be filled by the City Council for the unexpired term." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Secti"" 29-21 thereof an4 by enacting a new Secti"" 2g-21 In lieu thereof as follows: "Sec. 29-21. Appointment. The office of ÐeveÙJpmÆmt Planner is hereby created, who shall be appmnted by an4 serve at the pleasure of the City Mano,ger. The PÙLnning an4 Z",,- Ing Cmnmissi"" shall serve as a pers""nel advisory cmnmittee to the City mano,ger in the setection of such a ÐeveÙJpment PÙLnner. .. Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amen4ed by repealing Secti"" 29-22 thereof and by enacting a new Section 2g-22 In lieu thereof as follows: Sec. 29-22. Procedures. All administrative, personnel, uccount- ing, budgetary an4 procurement polio <'ies of the City shall govern the Pkmru'ng an4 Zoning Commissi"" in all its operations. " Section 4. That the Code of Ordi- rm?lces of the City of Dubuque, Ioux>, be amen4ed by repealing Secti"" 29-23 thereof an4 by enacting a new Secti&n 29-23 in lieu thereof Wi follows: "Sec. 29-23. Meetings. ( a) The pÙLnnlng and z""'ng cmnmis- si"" shall hold an official meeting at least monthly. ( b ) Members of the pÙLnning and zon- Ing cmnmission shall atten4 at leWit two thirde (%) of all regulmly sche- duled meetings within any twelve (12) month period. If any member dßes not attend such prescribed num- ber of meetIngs, it shall constitute grounde for the cmnmissi"" to re- cmnmend to the Dubuque City Council that said member be repwed. Atten- dßnce of all members shall be entered "" the minutes. ( c ) All meetings shall be held in c",,- formance with the provisions of the Iowa Open MeetIngs Law. (d) The pÙLnmng and z""'ng cmnmis- si"" shall file with the Dubuque City Council a copy of the minutes of each regular an4 special meetIng of the cmnmission within ten (10) workIng dßys after each such meeting. " Passed. approved and adopted this 17tb day 01 December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Council Members I '1111 II ,: "II " I I' I I ATTEST: Leo F. Fronunelt, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of December, 1979. 558 Special Session, December 17, 1979 Special Session, December 17,1979 559 Leo F. Frommelt, City Clerk 11 12/26 Council Member Tllily moved final adoption 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 90-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW ARTICLE IX TO CHAPTER 20 THEREOF TO PROVIDE FOR TIlE ESTABLISHMENT OF A REIlABILI- TATION COMMISSION, PROVIDING FOR TIlE MEMBERSHIP AND TIlE ORGANIZATION TIlEREOF, PRO- VIDING FOR TIlE HOLDING OF MEETINGS TIlEREOF AND DEFIN- ING TIlE DUTIES OF TIlE DI- RECTOR OF TIlE DEPARTMENT OF COMMUNITY DEVELOPMENT AND PROVIDING FOR TIlE PRO- CEDURES TO BE FOLLOWED BY TIlE REHABILITATION COMMIS- SION IN ITS OPERATIONS, presented and read. ' Council Member Tuily moved that the reading just had be considered the lirst reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell. King, Tully. Nays-Council Member Brady. Council Member Tully moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members F""",,", King, Tully, Nays-Council Member Brady. ORDINANCE NO. 90-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING TIlAT TIlE CODE OF ORDINANCES OF 1'I1E CITY OF DUBUQUE, IOWA, BE AMENDED BY ENACTING A NEW ARTICLE íX TO CllAi'TER 20 TIlEREOF TO PROVIDE FOR TIlE ESTABLISHMENT OF A REHABILI- TATION COMMISSION, PROVIDING FOR TIlE MEMBERSHIP AND TIlE ORGANIZATION TIlERFnF, PRO- VIDING FOR TIlE HOLDING OF MEETINGS TIlEREOF AND DEFIN- ING TIlE DUTIES OF TIlE DIREC. TOR OF TIlE DEPARTMENT OF COMMUNITY DEVEWPMENT AND PROVIDING FOR TIlE PROCE- DURES 1'0 BE FOLLOWED BY l1IE REIlABILITATION COMMISSION IN ITS OPERATIONS. NOW. THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amen4ed by enacting a new Article IX to Chapter 20 thereof as folÙJws: "ARTICLE IX. REHABILITATION COMMISSION. Sec. 20-200. Purpose and Charge. ( a) The purpose of the Rehabilitation Commissi"" of the City of Dubuque is to perform an4 provide certain services In the field of community deveÙJpment as it reÙLtes to the conservation, preser- vatiOn an4 rehabilitati"" of the housing stock of the City of Dubuque. ( b) The Rehabilitati"" Commission is chorged with the deveÙJpment an4 operati"" of residential rehabilitatiOn and home improvement len4lng pro- grams throughout the City of Dubuque through the involvement of neighbor- hood residents, the private sector and ÙJcal government. Sec. 20.201. Memberslllp. (a) The Rehobilitation Commission shall hove a membership of not less than thirteen (13) persons, and they shall be appointed by the City Cbuncü of the City of Dubuque for terms of three (3) years. Six (6) of the Initial appointments shall be for a <me (1) year term, six (6)of such appOIntments shall be for a term of two (2) years, and the balance of appointments shall be for a term of three (3) years. Up"" CompletIOn of their term of office, members shall c""tinue to serve In their full capacity until a successor has been duly appointed and qualified as pro- vided herein. ( b) Membership em /I" R,holJilitutiu" Commissi"" shall be limited to residents of or to pers""s who are empÙJyed in the City of Dubuque. ( c ) Membership"" the Rehabilitation CommiSSIOn shall at all times to the extent practicable, incln4e the following representation: 1. A real estate broker engaged in residential real estate; 2. A generul cuntrudor ""gaged in the productIOn of residential struc- tures; 3. A rerrwdeling c""tractor engaged ¡mmarily in the rehabilitation, repair and/or remJVati"" of residential struc- tures; 4. A buüdlng rrwtcrials suppUer; 5, A representative of a building trn4es ÙLbor organizati",,; 6, An architect or an engineer; 7. A representative of the Dubuque housing commissi",,; 8. A representative from eO£h of two (2) separatety identifiable neighbor- Iwod organizations; .9. Citizeus at large selected as cÙJsely as possible from each of the four qnan4rants of the city of Dubuque. ( d) A vO£ancy =ed by resignati"" or otherwise"" the rehabilitati"" eom- missi"" shall be promptly filled by the City Council for the unexpired term of office. ( e) Members of the rehabilitati"" commission shall atten4 at least two thirthJ (%) of all regularly seheduled an4 held meetings within any twleve (12 )month period. If any member does not atten4 the prescribed number of meetings, it shall constitute grounde after hear<ng by the rehabilitation commission, for the said commissi"" to recommen4 to the City Council that said member be repÙLced. Attendance of all members shall be entered"" the minutes. (f) No member of the rehabilitati"" commissi"" rrwy be an employee of the city of Dubuque. Section 20-202. Compensation. All members of the rehabiUtati"" commissi"" shall serve without compen- sati"", except for reimbursement of neeessary expeuses, including travel expeuses incurred In the dischorge of their duties. Section 20-203. Organizstion. (a) The rehabilitati"" commissi"" shall rrw:intain the folÙJwing stan4lng committees, each of which shall be respansible for, but not limited to, the areas hereinafter describerL 1. Financial an4 couusellng committee. DeveÙJpment of ÙJcal an4 other re- sources to finance rehabilitation ÙJaus an4 grants through the use oJ eommunity deveÙJpment bÙJck funde; general an4 other forms of revenue shar<ng; private, public and nonprofit foundations; Iowa homing and firmnce authority; an4 other public an4 private sources. DeveÙJprnent of a special revolmng fund for pers""s considered to be high "',,k IJUrrOlœrs, DeveÙJpment of a miLnagernent system to assure the rnœ>;Ìmum an4 efficient use offunde. DeveÙJpment of the terms an4 e""- ditions under which loaus and grants are to be made, including but 1Wt limited to, determinati"" of income an4 IUIset limitations, periode of re- payment, Interest subsidies an4 eligi- ble costs. Review board for the approval or dis- approval of applicants for rehobilita- ti"" ÙJaus and grants. DeveÙJpment of special couuseling services for persons who are consid. ered high risk borrowers. 2. Public informati"" committee. DeveÙJpment of a public informatimad brochure to Interpret the rehabilitati"" program to secure the support of the total community including, but not limited to, neighborhood meetings, public media presentations, rrw:in. tenance of a speakers bureau an4 the issuance of timely news releases. DeveÙJpment of community improve- ment bulletins an4 other meaus to secure partic'ipation by homeowners In the rehobilitation program. 3. Rehabilitation standarthJ an4 tech- nique committee. DeveÙJprnent of property rehobilita- ti"" standarthJ which are consistent with residential qualities, physical characteristics an4 other evidences of vitality to assure that rehabilitati"" activities will restore neighborhoothJ to a ÙJng term sou'I14 canditi"". Review of neighborhood plans to as- certain that bUghting an4 deterior- ating influences which adversely affect housing conditions are identified an4 appropriately addressed. DeveÙJpment of techniques In the use of new rrwteriuls to accomplish re- habilitati"" at the least cost. DeveÙJpment of "Sweat equity" pro- grams. DeveÙJpment of a c""tlnuing program to rrw:intain rehabilitated individual properties. ( b ) Each of the standIng committees shall be composed of not less than four (4) members to be appOInted by the chairpers"" of the rehabilitation com- missi"" from the membership of the commissi"". The chairperson of each standing committee shall be named by the chairpers"" of the commissi"". (c) There shall be an executive com- mittee composed of the officers an4 the rhairpersrYr" o(the stondinq "mnmittees to deveÙJp general program guides an4 coordinati"" among the stan4lng com- mittees. (d) Each stan4ing committee miLy awm'nl tt"k forces aB necessal'1/ fm' Ihe porpose vf carrying out one lim" specific specialized assignments of short durations. The chal'rpersousof such a task force shall be a member of that standing commitee. Appointments to such task force are not limited to members of the rehabiUtati"" commis- si"" but rerrw:in from the community at III1I IIIII li!I' " I IIIIII ..", 560 Special Session, December 17,1979 Special Session, December 17,1979 561 ÙLrge. Ie) The rehobilitati"" commission may OJiJJpt rnles, byÙLws an4 regula. tions governing its organizati"" an4 procedures as be deemed necessary which are not In c""flict with this document or any other resoluti""s or ordinances of the city of Dubuque. If) AU programs, projects an4 ser- vices to be performed by members of the rehobilitati"" commission, either singularly or as a commission, mUÆt cmiform to the policies of the city of Dubuque an4 to all ÙJcal, state an4 federal ÙLWS, rnles an4 regulations. Section 20-261. Meetings. I a) The rehobilitati"" commission shall hold an organizaticm.al meeting "" a date selected by the mayor of the city of Dubuque, Ioux>, and a reorganiza- ticm.al meeting annually thereafter. I b ) The rehabilitati"" commissi"" shall meet not less than monthly"" a regular basis. (c) E(J£h standing committee shall be appo-inted not more than fourteen I 14) days after the organization and/or reorganization of the rehobilitati"" com. missi"". Each standing committee shall meet not less than monthly"" a regular basis. I d) The rehobilitation commission shall file with the City Cbuncil a copy of the minutes of each regular an4 special meeting of the commission within ten (10) working days after e(J£h such meeting. ( e) The Rehobilitati"" Commission shall also file with the City Council from time to time, but not less than quarter- ly a narrative report of their activities including ft'na:JwiJJl an4 statistical data which may be necessary for the City Cwncil to understan4 all un4ertakings of the commissi"". If) AU meetings shall be held in c""- formance with the provisions of the Iowo Open Meetings Law. Sec. 20-205. Staff. (a) The Rehabilitati"" supervisor of the Department of Cwnmunity DeveÙJp- ment for the City of Dubuque shall act as secretary to the commission. I b) The director of the Department of Community DeveÙJpment shall have general supervisi"" of the administra- ti"" an4 affairs of the Rehabilitation Commission subject to the direction of the commissi"". The director shall ;:¡n;:t t~: :e;"rr;ga:dofJ~X ~'f:7!::~ i management, n4ministrati"" and opera- ti"" of all rehobiUtation programs. Sec. 20-206. Procedure, AU administrative, pers""ne~ account- in,q, budgetary and procurement policies of the City shall govern the Rehabilitati"" Commissi"" in all of its operations. .. Secton 2. That Resolution No. 280-75, Resolution No. 77.76 an4 Resoluti"" No. 351-76 be an4 the same are hereby repealed an4 of no further force and effect. Passed, approved and adopted this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. TlÚly, Jr. D. Michael King Carolyn Farrell Council Members 36.82 THEREOF, PROVIDING FOR TIm PROCEDURES GOVERNING THE ACTION OF TIlE TRANSIT BOARD OF TRUSTEES IN ITS OPERA110NS, presented and read. Council Member Tully moved tbat the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. Council Member Tully moved that tbe rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed witb. Seconded by Mayor Wertzberger. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Farrell, King Tully. Nays-Council Member Brady. ORDINANCE NO. 91-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC- TION 36-74 TIlEREOF AND EN- ACTING A NEW SECTION 36-74 IN LmU TIlEREOF, ESTABLISIDNG TIlE ORGANIZATION, ELECTION OF OFFICERS AND ADOPTION OF RULES AND TERMS OF OFFICE'OF TIlE TRANSIT AUTHORITY; BY RE- PFALING SUBSECTION I 3) OF SEC- TION 36-78 TIlEREOF AND ENAC- TING A NEW SUBSECTION (3) OF SECTION 36-78 IN LIEU TIlEREOF, PROVIDING FOR TIlE FIXING OF TIlE POWERS AND DUTIES OF TIlE BOARD OF TRUSTEES OF TIlE TRANSIT AUTHORITY; BY RE- PEALING SECTION 36-80 TIlEREOt AND ENACTING A NEW SECI10N 36-80 IN LIEU TIlEREOF, REQUIR- ING TIlE APPROVAL OF CON- TRACTS AND AGREEMENTS BY TIlE CITY COUNCIL; BY REPEAL- ING SECTION 36-81 TIlEREOF AND F..NACTING A NEW SECTION 36-81 IN LIEU TIIEREOF, PROVIDING FOR TIlE MANNER OF CONDUCT OF MEETING OF TIlE BOARD OF TRUSTEES OF TIlE TRANSIT AUTHORITY; AND ENACTING A NEW SECTION 36-82 TIlEREOF, PROVIDING FOR THE PROCE- DURES GOVERNING TIlE ACTION OF TIlE TRANSIT BOARD OF TRUSTEES IN ITS OPERATIONS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordi- ATTEST: Leo F. Frommelt City Clerk Published officially in tbe Telegraph Herald newspaper this 26tb day 01 December, 1979. Leo F. Frommelt City Clerk It 12/26 Conncil Member TlÚly moved final adoption 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Farrell, King, Tully. Nays-Council Member Brady. ORDINANCE NO. 91-79 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, PROVIDING THAT TIlE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SEC. TION 36-74 TIlEREOF AND ENACT- ING A NEW SECTION 36-74 IN LIEU TIlEREOF, ESTABLISHING TIlE OR- GANIZATION, ELECTION OF OFFICERS AND ADOPTION OF RULES AND TERMS OF OFFICE OF TIlE TRANSIT AUTHORITY; BY RE- PEALING SUBSECTION 13) OF SEC- TION 36-78 TIlEREOF AND F.N- ACTING A NEW SUBSECTION (3) OF SECTION 36-78 IN LIEU TIlERE- OF, PROVIDING FOR TIlE FIXING OF TIlE POWERS AND DUTIES OF TIlE BOARD OF TRUSTEES OF TIlE TRANSIT AUTHORITY; BY REPEAI,- ING SEC11ON 36-80 TIlEREOF AND ENACTING A NEW SECTION 36.80 IN LIEU TIIEREOt', REQUIRING 'mE APPROVAL OF CONTRACTS AND AGREEMENTS BY TIlE CITY COUNCIL; BY REPEALING SECTION 36-81 TIlEREOF AND ENACTING A NEW SEC110N 36.81 IN LIEU TIlEREOF, PROVIDING FOR 11IE MANNER OF CONDUCT OF MEET- ING OF TIlE BOARD OF TRUSTEES OF l1IE TRANSIT AUTHOIUTY; AND ENACTING A NEW SECTION ""nces of the City of Dubuque, 10100, be amen4ed by repeaUng Secti"" 36-74 thereof an4 by enact!?lg a new Section 36- 74 in lieu thereof as foUows: "Sec, 36-74. Organization, election of officers; adoption of rules, terms. la) The Board of Trustees of the Transit Authority shall organize for its trans(J£ti"" of business, elect from its own number a chuirpers"" an4 a se- cretary who shall serve for such terms as the board shall determine, not ex- ceeding their terms of office as members to the board, and abide by all rnles an4 regulalions that govern the proceedt1lgs of the board. Members of the board shall hold office for f(Yl).r (4) years or until their respective suc- cessors have been appointed an4 have quabfied. ( b) AU appointments made after No- vember Ig, 1979, shall be for a period of three (3)years." Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amen4ed by repealing Subsecti"" (3) of Secti"" 36- 78 thereof and enacting anew Subsecti"" (3) of Secti"" 36-78 in lieu thereof as foUows: "Sec. 36-78. Powers, dnties 01 board. I 3) The office of transit manager is hereby created, who shall be appoint- ed by an4 serve at the pleasure of the City Manager. The trustees of the Transit Authority shall serve as the pers""nel 'I14visory committee to the City Manager in the selecti"" of a transit manager. .. Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amen4ed by repeaUng Secti"" 36.80 thereof an4 by enacting a new Secti"" 36-80 in lieu thereof as foUows: "Sec. 36-80. Contracts and agree- ments. C""tracts, grant applications and agreements entered into wherein the City Transit Authority is a party shall be subject to review an4 approval by the City Couucü. " Section 4. That the Code of Ordi- nances of the City of Dubuque, Ioux>, be amen4ed by repeallng Secti"" 36-81 thereof an4 by enacting a new Section 36-81 In lieu thereof as foUows: "Sec. 36-81. Meetings I a) The Transit Authority shall hold at least <me (1) official meeting per month which shall be held in the City Council chambers at the City Hall. A designated montMy meeting day shall be the secand (2n4) Thursday of each month. ( b ) Members of the boarq of trustees of the Transit Authority shall attend at least two-thirds ('h) of all regularly scheduled meetings within any twelve IIII 562 Special Session, December 17,1979 (12) month period. If any members does not attend such 1Yf'escribed number of meetings, it shall constitute grounds for the board to recommend to the Dubuque City Council thot said member be repÙLced. Attendance of all members shall be entered"" the minutes. ( c) AU meetings shall be held in c",,- f<mnance with the provisions of the Iowa Open Meetings Law. ( d) The board of trustees of the Tran- sit Authority shall file with the Dubu- que City Cbnncü a copy of the minutes of each regular an4 special meeting of the board within ten (10) working days after each such meet- ing." Section 5. That the Code of Ordi. mmæs of the City of Dubuque, Ioux>, be amen4ed by enacting a new Secti"" 86-82 thereof as folWws: "See. 36-82. Procednres. AU administrative, pers""nel, account- ing, bn4getary and 1Yf'ocurement policies of the City shall govern the Transit Board of Trustees in all of its operations. " Passed, approved and adopted tbis 17th day 01 December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael King Carolyn Farrell Cooncil Members ATTEST: Leo F. Frommelt, City Clerk Pnblished olficially in tbe Telegrapb Herald newspaper this 26th day 01 December, 1979. Leo F. Frommelt, City Clerk 11 12/26 Conncil Member Tully moved final adoption 01 the Ordinance. Seconded by Mayor Wertzberger. Carried by, the foilowing vote: Yeas-Mayor Members Farrell, '~'5' ,~" Nays-Council Member Brady. Communication 01 City Manager re- questing adoption 01 a resolution auth- orizing the City Manager to enter into an agreement with Shive Hattery lor preliminary engineering services on Radford Road Industrial Project, not to exceed $10,000., presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member King. Carried by the lollowing vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Council RESOLUTION NO. 326-79 A Resolution Antborizing the City Manager to Accept an Agreement for Preliminary Engineering Services for the Radlord'- Road Industrial Project. WHEREAS, tbe City Council has pre- viously directed the lurtber investiga- tion of the feasibiiity of the proposed Radford Road Industrial Project: and WHEREAS, the City Manager has reported that such feasibiiity investi- gations have produced generally favor- able determinations with regard to city sponsorship 01 the project, and that further refinement 01 plans is now in order: and WHEREAS, the City Manager has presented the proposal 01 Shive-Hattery and Associates to provide certain pre- liminary engineering services for the Radford Road Industrial Project: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized to enter into and accept the Agreement, hereto attached, with Shive-Hattery an4 Associates for 1Yf'eliminary enrrineering services"" the Rwiford Road In4ustrial Project. Section 2. That payment for such services shall be mn4e from funds appropriated for consultant plftnning services in the FIscal Year 1980 Com- munity DeveÙJpment BÙJck Grant bnd- get, in an amount not to exceed $10, 000. Passed, adopted and approved this 17th day of December, 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 Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King. Nays-None. Abstain-Council Member Tully. Commnnication of Kip Winter (to Rehab. Housing Commission) submit- ting her resignation Irom the Commis- sion effective immediately, presented and read. Council Member Tuily moved that the communication be received and Iiled and resignation accepted with regret. Special Session, December 17,1979 563 , Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed: and WHEREAS, The premises to be occupied by such applications were inspected 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 01 Dubuque, Iowa, that tbe Mana- ger be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Angel Investment Co. 2699 Rockdale Road (Also Sunday Sales) Osco Drog, Inc. 703 Main Street Passed. adopted and approved tbis 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully. Jr. D. Michael King James E. Brady Carolyn Farrell Council Members f I I I i ¡ i I I ~ I ! I Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger. Council Members Farrell, King, Tully. Nays-None. Communication of Sol Tabak request- ing reappointment to the Human Rights Commission, presented and read. Council Member Tuliy 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-None. Council Member Tully moved tbat Sol Tabak be reappointed to the Human Rights Commission for a 3 year term expiring 1-1-83. Seconded 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 Wm. Herrig be reappointed to the Board of Appeals (Building Code) for a 2 year term expiring 12-31-81. Seconded by Council Member King. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. RESOLUTION NO. 327.79. BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following baving complied with tbe provisions 01 law relating to the sale of Cigarettes within the City of Dubu- que, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Dale Bradley 1091 Main St. Joseph F. Bleile 2600 Central Ave. Passed. adopted and approved this 17th day of December, 1979. Richard Wertzberger. Mayor Thomas A. Tully, Jr. D. Michael King James E. Brady Carolyn Farrell CÆ>uncil Members ATI'EST: 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, Cooncil Members Brady. Farrell, King, Tully. Nays-None. RESOLUTION NO. 328-79. WHEREAS, Applications for Beer ATTEST: Leo F. Frommelt, City Clerk Council Member Tully moved adop- tion of the Resolution. Seconded by Council Member King. Carried by tbe lollowing vote: Yeas-Mayor Wertzberger. Council Members Brady, Farrell, King, Tully. Nays-None. IŒSOLUTION NO. 329-79. WHEREAS, Applications lor liquor licenses have been submitted to tbis 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 tbe State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa. that the Mana- ger be authorized to cause to be issued to the lollowing named applicants a liquor Ucense. CLASS"B" (IlOTEIrMOTEL) BEER & UQUOR LICENSE Design Center, Inc. 200 Main St. (Also Sunday Sales) 564 Special Session, December 17,1979 Special Session, December 17,1979 565 CLASS "C" (COMMERCIAL) BEER & LIQUOR LIŒNSE David H. Hollman 450 W. Locust St. Angelina Bertolini 1298 Main St. (AIso Sunday Sales) Norene J. Millman 601 Rhomberg Ave. (Also Sunday Sales) Kachevas, Inc. 665 Dodge St. (AIso Sunday Sales) John Richman & Robert Spiegel 1080 University Ave. (AIso Sunday Sales) Jeannine A. Kersch 1555 Central Ave. (Sunday Sales Only) Judith P. Juergens 2327 Central Ave, (Sunday Saies Only) The Moracro, Inc. 1413 Rockdale Road Dale Bradley 1091 Main Street (Also Sunday Sales) David Wetter & Joe McGinnis 951 Main St. Passed, adopted and approved this 17th day of December, 1979. Richard Wertzberger, Mayor Thomas A. Tully, Jr. D. Michael'King James E. Brady Carolyn Farrell Council Members ATTEST: Leo F. Frommelt, City Cierk Council Member Tully moved adop- tion 01 the Resolution. Seconded by Council Member King. Carried by the loilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Petition 01 Mrs. Edward Hannon 01 1777 Plymouth Ct. requesting street ligbts be turned 011 by Interstate Power Co. at dusk so they may invite the City to share in their candle lighting tradi- tion, presented and read. Conncil Member King moved that the petition be granted and relerred to City Manager for coordination. Seconded by Council Member Brady. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tully. Nays-None. Communication of City Manager sub- mitting a status report on Radford lndustrial Center Project and leels that now is the time to proceed with engineering design 01 tbe project from Dodge Sl. to Pennsylvania Ave.. pre- sented and read. Councii Member Tully moved that the communication be received and /Hed. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady. Farrell, King, Tully. Nays-None. Communication of Deputy Commis- sioner of Elections requesting tbe pos- sible retention of the 18th Street Fire Station for a polling place, presented and read. Council Member Tully moved that the communication be referred to Council. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Communication 01 Walter A. Pregler requesting that Emergency Medical Services in the field and on the scene are best rendered by members of Fire Department, please keep it that way, presented and read. Conncil Member Tully moved that the communication be relerred to Council. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Counell Members Brady, Farrell, King, Tully. Nays-None. Communication of Loras W. Kieffer urging to maintain the present ambu- lance service even if you must raise fees, but do not put it in tbe hands of the hospital, presented and read. Council Member Tully moved that the communication be referred to the Am- bulance Task Force. Seconded by Council Member Farrell. Carried by the following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell. King, Tully. Nays-None. Communication 01 Charlotte C. Wat- ters. addressed to the Mayor, request- ing that he use his influence to continue to maintain the present ambulance service, presented and read. Counell Member Tully moved that the communication be referred to the Ambulance Study Task Force. Second- ed by Council Member Farrell. Carried oy the following vote: Yoas-Mayor Wcrtzber~er. Council Members Brady, Farrell, King, Tully. Nays-None. MINUTES SUBMITl'ED--Park Board 01 11-16 & 12-7, Ambulance Study Task Foree 01 11-27 & 12-4, Cable TV Commission of 11-6, Re- creation Commission of 11-13, Housing Rebab. Commission of 11-27, Transit Authority of 11- 19, Airport Commission 0111-29, Human Rights Commission 01 11-5 and Planning & Zoning Commission 0112-5, presented and read. Council Member Tully moved that tbe minutes be received and /Hed. Seconded by Conncil Member ~"arrell. Carried by the following vow: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, Kin~, Tully. Nays-None. Communication 01 City Manager sub- mitting monthly reports of the City Treasurer, Finance Director, also list of claims lor October, 1979, presented and read. C><>uncil 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-None. REFUNDS REQUESTED -- Earl Tegeler requesting refund of $50 on unexpired Cigarette license No. 1843 and $37.50 on unexpired Beer Permit No. BC2419, discontinued business on 12-1-79: Bar-X, Inc., requesting relund of $422.50 on unexpired Beer & Liquor License No. LC8427, discontinued business on 11-20-79, presented and read. Council Member Tully moved that the refunds be approved 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. Communication of City Clerk certify- ing that notices of levy were mailed by certified mail to property owners of record subject to paying for cost of construction of City of Dubuque 1979 Asphalt Paving Project No.1. present- ed and read. Council Memoer Tully moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady. Farrell, King, Tully. Nays-None. Proof of Publication, certified to by tbe Publisher. of Notice of filin~ of the final plat and scheduie of assessments against benefitted properties for the construction of City 01 Dubuque 1979 Asphalt Paving Project No.1, pre- sented and read. Council Member Tully moved tbat the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by the lollowing vote: Yms-May"" Wp:1,bergpr, (,nm"il Members Brady, Farrell. King. Tuily. Nays-None. Proof of Publication, certified to by tbe Publisher. of Notice of Hearing on a new fare structure for Key Line pub- lished 11-15-79 as to the bolding of two meetings on 11-19 and 11-28, presented and read. Council Member Tuily moved that the proof of publication be received and filed. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertzberger, Council Members Brady, Farreil, King, Tuily. Nays-None. Communication of Finance Director submitting the General City Audit and Federal Revenue Sharing Funds Audit from July 1, 1978 thru June 30, 1979, presented and read. Council Member Tuily 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-None. NOTICES OF SUITS AND CLAIMS- Angela M. Pitz, in tbe amount of $25,000., as the result 01 a fall on a snow and ice covered sidewalk on January 3, 1978 on west side of Main Street between 11th & 10th Street: William Unser, in the amount of $75,000" for fire loss incurred to his boat at the Dubuque Marina due to failure 01 the City thru its Fire Depart- ment to provide proper fire fighting equipment and adequate water supply on October 5. 1979; Ralph Grabow, in tbe amount of $4.12 lor car tire damages incurred as the result of driving on J.F.K. Road over a nail during construction on 11-23-79; Estate of Elenore Laack. in an undetermined amount. fol' wrongful death. due to City negligence in failing to provide a walk light, lailure to properly mark cross- walk, allowing construction of certain utility poles at 20th & White Street on November 12, 1979, presented and read. Council Member Tuily moved that the Notices 01 Suits and Claims be referred to tbe Corporation Counsel. Seconded by Council Member Farrell. Carried by tbe following vote: Yeas-Mayor Wertz berger, Council Members Brady, Farrell, King, Tully. Nays-None. December 11, 1979 Honorable Mayor and City Council Action was filed against the City 01 Dubuque, Iowa, on September 24, 1979, in the Iowa District Court. Dubuque County, be:ng 8mall Claims No. 3100, wherein AIan E. Brockhorn was plain- tiff and the City of Dubuque named "defendant. Said action alleged damages to plaintiffs motorcycle on April 23, 1979. as the result of striking a defect in Locust Street in front of Robert's Smorgastable claiming damages in tbe III "I 566 Special Session, December 17, 1979 amount 01 $541.36. Tbis matter was referred to Corpora- tion Counsel, appropriate defenses were interposed and the matter came on lor hearing. Judgement was renderd a- gainst the City in the amount of $541.36, togetber with costs and seven percent interest from November 15, 1979. Accordingly, the City Finance oflicer should be directed to issue warrant in the amonnt of $541.36, pins costs in the amount of $19.90 and together with interest in the amount of $2.60 payable to jn<lgment payee and transmit the same to Corporation Counsel lor de- livery upon receipt of Satisfaction 01 Judgment. R. N. Russo Corporation Counsel Council Member Tuliy moved that the settlement be approved and City Anditor directed to issue proper war- rant. Scconded by Conncil Member Farrell. Carried by the lollowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. There being no lurther business Council Member Tully moved to adjourn. Se- conded by Mayor Wertzberger. Carried by the loilowing vote: Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully. Nays-None. Leo F. Frommelt, City Clerk Mayor Council Members ATTEST: City Clerk