1981 June Council ProceedingsRegular Session, June 1,1981 181
CITY COUNCIL
OFFICIAL
Regular Session, June 1, 1981
Council Met at 7:30 P.M. (C.D.T.)
Present--Mayor King, Council
Members Brady, Farreli, Felderman,
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the call and stated
that service thereof had been duly
made and this is the Regular Montldy
Meeting of the City Council called for
the purpose to act upon such business
wl~ch may come before the Council.
Invocation was given by Rev. O.C.
Wimley, Pastor Apostolic Christian
Church.
Proclamations:
June 1-7 as "Care Week";
June 1-7 as "Visiting Nurse Ap-
preclation Week" received by
Kathleen Fahey;
June 15-21 as "Take Back the
Night Week" received by Ginny Line.
Council Member Pratt brought to
the Council's attention the recent
Historical Preservation and Restora-
tion Award received by the City
relative to the restoration of the 18th
Street Fire House.
Proof of publication, certified to by
the publisher, of Notice of Public Hear-
ing, to consider a grant application for
State Transit operating assistance to
the Iowa D.O.T. in the amount of
$67,920, for Fy '82 Operating Budget
of the Keyllne Transit System,
Presented and read.
Council Member Felderman moved
that ~he proof of publication be receiv-
ed and flied. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor Kingl Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend the Current City
Budget for Fiscal Year ending June
30, 1981, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Court-
cil Member Farren moved that the pro-
of of publication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 131-81
A RESOLUTION AMENDING THE
CURRENT BUDGET FOR THE
FISCAL YEAR ENDING JUNE 30,
1981,
BE IT RESOLVED by the Council of
the City of Dubuque, Iowa:
Section 1. Following notice publish-
ed May 15, 1981, and the public hear-
lng held June 1, 1981, the current
budget is amended as set out herein.
FUND: GENERAL
As C~rtified or Amount of
Last Amended Chsnge Ameu~led To:
L Total Beginning Cash Balance 1,213,138 1,213,138
2. Non-Property Tax Income 3,671,586 + 129,615 3,801,201
3. Stat~-Shared Revenue 759,000 759,000
4. Property Tax Asking 6,167,293 6,157,298
5, Total Resources 11,801,017 + 129,615 11,930,632
6. Les~ Working Balance (Reserve) 790,188 --63,277 726,911
7. Net P~sour~ for Expenditures 11,010,829 + 192,892 11,203,721
8. Total Requirements 11,010,829 -~192,892 11,203,721
9. Community Protection 8,331,847 + 60,736 3,892,683
10. Human Development 2~074,628 + 66,090 2,730,718
11. Home & Comm. Environment 3,843,366 + 42,866 3,886,232
12, Policy and Administration 1,160,988 + 33,200 1,194,188
18. Total Expenditur~ 11,010,829 + 192,892 11,208,721
Heason: Airport ConsL Projects,Flora Pool Repair, FY 80 Carryowrs, Police Motor Vehicle Ex-
pense and other Misc~ Cost Overruns
Regular Session, June 1, 1981 183
182 Regular Session, June 1, 1981
FUND: SEWAGE RENTAL
As Certified or Amount of
I~et Amended Change Amended To:
(137,166) (137,166)
3,431,372 3,431,372
1. Total Beginning Cash Balance
2. Non-Property Tax Income
3. StateShared Revenue
4. Property Tax Asking
5. Total Resources 3,294,206 3,294,206
6. Less, Working Balance (Reserve) 99,743 - 4,476 95,267
7. Net Resources for Expenditures 3,194,463 + 4,476 3,198,939
8. Total B~qalrements 3,194,463 + 4,476 3,198,939
9. Community Protection 432 432
10. Hunmn Development 432 432
11. Home & Comm. Environment 3,165,839 3,165,889
12. Policy and Administration 27,710 + 4,476 32,186
13. Total Expenditures 3,194,463 + 4,476 3,198,939
Reason: Utility Billing- Data Processing Expense
PROGRAM Community Human Home&Comm. Policy and
TOTALS Protection Development Environment Admln.
FROM 14 6,167,992 4,151,196 18,620,325 1,751,100
TO 15 6,232,028 4,284,586 19,241,894 1,828,041
FUND: SOLID WASTE SYSTEM
As Certified or Amount of
Last Amended Change Amended To:
54,674 54,674
1,024,312 1,024,312
1, Total Be~ing Cash Balance
2. Non-Property Tax Income
3. Stat~Shared Revenue
4. Property Tax Asking
5. Total Resources 1,078~986 1,078,986
6. Less, Working Bol~nce IReserve) 30,824 -- 4,476 26,348
7. Net Resources for Expenditures 1,048,161 + 4,476 1,052,637
8. Total Requirements 1,048,161 + 4,476 1,052,637
9. Community Protection
10. Human Development
11. Home & Comnt Environment 1,036,528 1,036,528
12. Policy end Adngnietration 11,633 + 4,476 16,109
13. Total Expenditures 1,048,161 + 4,476 1,052,637
1. Total Beginning Cash Balance
2. Non-Property Tax Income
3. Stat~Shered Revenue
4. Property Ta~ Askip~
6. Total Resources 8,625,641 + 62,985 3,688,626
6. Less, Working Balance (P~esrve} 139,808 -- 18,589 121,219
7. Net Resources for Expenditures 3,485,833 + 81,574 3,567,407
8. Totol Beqnirements 3,485~833 + 81,574 3,567,407
9. Con~nunity Protection 235,409 235,409
10. Human Development 7,838 7,838
1L Home & Comm. Enviromnent 3,161,917 + 75,785 3,237,702
12. Policy end Administration 80,669 + 5,789 86,458
13. Total Expenditures 3,485,833 + 81,574 3,567,407
Reason: Utility Billing - Data Procesaing, 16th. Bridge Main, Emergency Main Repairs, System
Study end Additimud Well Cost,
1. Total Beginning Cash Balance
2. Non-Property Tax Income
3. Stat~Shared Revenue
4. Property Tax Asking
5, Total Resources
6. Less, Workiug Balance (Reserve)
7. Net Resources for Expenditures
8. Total Reqalrements
9. Community Protection
10. Human Development
11. Home & Comm. Environment
12. Policy and Administration
13. Total Expenditures
FUND: PARKING
As Certified or Amount of
L~st Amended Change Amended To:
70,829 70,829
672,180 + 24,000 696,180
743,009 + 24,000 767,009
13,288 13,288
729,721 + 24,000 753,721
729,721 + 24,000 753,721
729,721 729,721
+ 24,000 24,000
729,721 753,721
Reason: Surfacing City Hell Parking Lot
FUND: OTHER FEDERAL FUNDS
As Certified or Amount of
Last Amended Change Amended To:
1. Total Beginning Cash Balance 390,532 390,532
2. Non-Property Tax Income 2,141,666 + 465,518 2,607,184
3. Stat~Shared Revenue
4. Property Tax Asking
6. Total Resources 2,532,198 + 465,518 2,997,716
6. Less, Worldng Balance IReserve) 64,109 64,109
7. Net Resource~ for Expenditures 2,468,089 + 465,518 2,933,607
8. Total Requirements 2,468,089 + 465,518 2,933,607
9. Community Protection 2,500 2,500
10. Human Devalopment
11. Home & Comn~ Environment 2,415,589 + 465,518 2,881,107
12. Policy and Administration 50,000 50,000
13. Total Expenditures 2,468,089 + 465,518 2,933,607
Beason: Radford l~ad Industrial Park, Appropriation of Rehab Loan Receipts Increased Se~
tion 8 Housing Payments
FUND: TRUST & AGENCY
1. Total Beginnin~ Cash Balance
2. Non-Property Tax Income
3. Stat~Shared Revenue
4. Property Tax Asking 1,979,374 1,979,374
5. Total Resources 2,104,406 + 25,500 2,165,906
6. Less, Working Bainnce (Reserve) 12,088 12,088
7. Net Resources for Expenditures 2,128,318 + 25,500 2,153,818
8. Total Requirements 2,128,318 + 25,500 2,153,818
9. Community Protection 1,526,306 1,526,306
10. Human Development 418,482 + 12,000 430,482
11. Home & Comnt Environment 53,584 + 13,560 67,804
12. Policy and Administration 129,946 129,946
13. Total Expenditures 2,128,318 + 25,500 2,153,818
184 Regular Session, June 1, 1981
ND: REVENUE SHARINO
As Certified or Amount
Last Amended Change Amended To:
452,390 452,390
809,952 + 1,500 811,452
1. Total Beginning Cash Balance
2. Non-Property Tax Income
3. State-Shared Revenue
4. Property Tax Asking L262~342 + 1,500 1,263,842
5. Total Resources 38,890
6. Less, Working Balance iReserve) 104,390 -- 65,500
7. Net Resources for Expenditures 1,157,952 + 67,000 1,224,952
8. Total Requirements 1,157,952 + 67,000 1,224,952
9. Conunudity Protection 827,436 + 12,000 839,436
10. Human Development 71,000 + 50,000 121,000
11. Home & Comm. Environment 77,362 77,362
12. Policy and Adm/nistration ' 182,154 + 5,000 187,154
13. Total Expenditures 1,157,952 + 67,000 1,224,952
Reason: Audit, Law Enforcement Maintenance, 18th Street Renovation, Snitball Complex-
Design
FUND: CAPITAL IMPROVEMENTS RESERVE
As Certified or Amount of
L Total Beginning Cash Balance
2. Non-Property Tax Income
3. Stat~-Shared Revenue
4. Property Tsx Asking
5. Total Resources
6. Less, Working Balance (Reserve)
7, Net Resources for Expenditures
8. Totol Requirements
9. Community Protection
10. Human Development
11. Home & Comm. Environment
12. Policy and Administration
13. Total Expenditures
Amended To:
1,396,000 + 40,000 1,436,000
1,396,000 + 40,000 1,436,000
1,396,000 + 40,000 1,456,000
1,396,000 + 40,000 1,436,000
+ 1,300 1,300
293,700 + 15,300 309,000
1,102,300 + 23,400 1,125,700
1,396,000 + ~40,000 1,436,000
Reason: Library Equipment, Bonding Expense
Passed this 1st day of June, 1981.
D. Michael King
Mayor
ATTEST: ,
Mary A. Davis
City Clerk
Council Member Farreil moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote
Yeas--Mayor King, Council
Members Brady, Farreil, Felderman,
Pratt.
Nays--None.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to consider three Ordinances
changing the names of Mercer Dr.
a/kia Division St. to Wacker Dr.,
Carrie Dr. to Cora Dr. and Orchard St.
to Center Grove Dr., presented and
read.
No written objections were received
and no oral objectors were present at
the time of the hearing. Council
Member Feldarman moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Far-
tell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreli, Felderman, Pratt.
Nays--None.
Certificate of City Clerk certifying
~nown residents and property owners
on said streets were mailed notices of
hearing and said street name changes,
presented and read.
Council Member Felderman moved
that the certificate be received and fil-
ed Seconded by Council Member
Farreil. C~/rried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farren, Felderman, Pratt.
Nays--None.
Regular Session, June 1,1981
ORDINANCE NO. 26-81
AN ORDINANCE CHANGING THE
NAME OF MERCER DRIVE, ALSO
KNOWN AS DIVISION STREET
TO WACKER DRIVE IN THE CITY
OF DUBUQUE, IOWA, SAID OR-
DINANCE HAVING BEEN
presented and read at the Council
Meeting of May 18, 1981, preeented
for final adoption.
ORDINANCE NO. 26-81
AN ORDINANCE CHANGING
THE NAME OF MERCER DRIVE,
ALSO KNOWN AS DIVISION
STREET, TO WACKER DRIVE IN
THE CITY OF DUBUQUE, IOWA.
WHEREAS, there appears in the
records of the Dubuque County
Recorder a plat of "Hawkeye Stock
Far~n" recorded as instrument number
9744-78 therein; and
WHEREAS, said "Hawkeye Stock
Farm" has platted and named a street
known as Mercer Drive, formerly
nmned and dedicated to the public as
Division Street; and
WHEREAS, said platted Mercer
Drive is a southerly extension of exist-
ing Wacker Drive; and
WHEREAS, Article II, Section 2-ih)
of Ordinance 65-57 known as the Sub-
division Regulations of the City of
Dubuque, Iowa, requires that streets
that are in alignment ~vith existing or
platted streets, or essentially so, shall
bear the names of the existing streets;
and
WHEREAS, Section 409.17 of the
Code of Iowa, 1979, provides that the
City Council may, by ordinance, cause
the name of a platted street to be
changed.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the platted street
known as Mercer Drive, also known as
Division Street, contained within
"Hawkeye Stock Farm" and recorded
as instrument number 9744-78 in the
Record of Plats in the office of the
Dubuque County Recorder, shall here-
after be named and known as Wacker
Drive.
Section 2. That the Mayor and City
Clerk of the City of Dubuque, Iowa
shall certify and file tiffs ordinance,
after its passage, with the County
Recorder and County Auditor of
Dubuque Connty, Iowa; and the Audi-
tot shall make the proper changes on
the plats found in the office of the
Auditor; and the Recorder shall enter
this instrument of record and make
reference on the margin of the original
185
plat, or upon a.reference sheet or page
attached to the original plat for that
purpose.
PASSED, ADOPTED AND
APPROVED this 1st day of June,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Pub~shed officially in the Telegraph
Herahi newspaper this 5th day of June,
1981.
Mary A. Davis
City Clerk
it 6/5
Council member Fciderman moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 2781
AN ORDINANCE CHANGING THE
NAME OF CARRIE DRIVE TO
CORA DRIVE, IN SUNSET PARK
SUBDIVISION NO. 4 IN THE CITY
OF DUBUQUE, IOWA, SAID OR-
DINANCE HAVING BEEN
Presented and read at the Council
meeting of May 18, 1981, presented for
final adotion.
ORDINANCE NO. 27-81
AN ORDINANCE CHANGING
THE NAME OF CARRIE DRIVE
TO CORA DRIVE, IN SUNSET
PARK SUBDIVISION NO. 4 IN
THE CITY OF DUBUQUE, IOWA.
WHEREAS, there appears in the
records of the Dubuque County
Recorder a plat of "Sunset Park Sub-
division No. 4", in the City of
Dubuque, Iowa recorded as instrument
number 6727-78 therein; and
WHEREAS, said "Sunset Park Sub-
division No. 4" has platted, named and
dedicated to the public, a ~street known
as Carrie Drive; and
WHEREAS, said platted Carrie
Drive is so named in phonetic simi-
· iarity with another publ/c street within
the City of Dubuque, Iowa, which pho-
netic similarity is potentially a source
of confusion to the public and a danger
to the public health, safety and welfare
in the event of a call for emergency
services to locations upon said stxeets;
and
WHEREAS, Section 409.17 of the
Code of Iowa, 1979, provides that the
City Council may, by ordinance, cause
the name of a platted street to be
changed.
186
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the platted street
known as Carrie Drive, Contained
within "Sunset park Subdivision No.
4' in the City of Dubuque, Iowa, and
recorded as instrument number 6727-78
in the Record of Plats in the office of
the Dubuque County Recorder shall
hereafter be named and known as Cora
Drive.
Section 2. That the Mayor and City
Clerk of the City of Dubuque, Iowa
shall certify and file this ordinance,
after its passage, with the County
Recorder and County Auditor of
Dubuque County, Iowa; and the Audi-
tor shall make the proper changes on
the plats found in the office of the
Auditor; and the Recorder shall enter
this instrument of record and make
reference on the margin of the original
plat, or upon a reference sheet or page
attached to the original for that pur-
pose.
pASSED, ADOPTED AND
APPROVED this let day of June,
1981. D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Publlshed officially in the Telegraph
Herald newspaper this 5th day of June,
1981. Mary A. Daxds
City Clerk
lt6/5
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farceil, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 28-81
AN ORDINANCE CHANHING THE
NAME OF ORCHARD STREET TO
CENTER GROVE DRIVE IN THE
CITY OF DUBUQUE, IOWA, SAID
ORDINANCE HAVING BEEN
Presented and read at the Council
Meeting of May 18,!981, presented for
final adoption.
ORDINANCE NO. 28-81
AN ORDINANCE CHANGING
THE NAME OF ORCHARD
STREET TO CENTER GROVE
DRIVE IN THE CITY OF
DUBUQUE, IOWA.
WHEREAS, there appears in the
records of the Dubuque County
Recorder a plat of "Hawkeye Stock
Regular Session, June 1,1981
Farm" recorded in Book L-4 of plats
page 139 therein; and
WHEREAS, said "Hawkeye Stock
Farm" has platted, named and dedi-
cated to the public, a street known as
Orchard Street; and
WHEREAS, said platted Orchard
Street is so named in duplication of
another public street within the City of
Dubuque, Iowa, which duplication is
~ a source of confusion to the
public and a dm~ger to the public
health, safety and welfare in the event
of a call for emergency services to
locations upon said streets; and
WHEREAS, Section 409.17 of the
Code of Iowa, 1979, provides that the
City Council may, by Ordinance, cause
the name of a platted street to be
changed.
NoW: THEREFORE, BE IT
ORDAINED BY THE CITY COUN-.
CIL OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the platted street
known as Orchard Street contained
within~ "Hawkeye Stock Farm"
!ecorded in Book L-4 of plats page 139
in the 'record of plats in the office of
the Dubuque County Recorder shall
hereafter be named and known as Cen-
ter Grove Drive.
t 2. That the Mayor and City
Clerk of the City of Dubuque, Iowa. s,
shall certify and file this ordinance,
after its passage, with the County
Recorder and County Auditor of
Dubuque County, Iowa; and the Audi-
tor shall make the proper changes on
the plats found in the office of the
Auditor; and the Recorder shall enter
this instrument of record and make
e on the margin of the original
plat, or upon a reference sheet or page
attached to the original plat for that
PASSED, ADOPTED AND
this 1st day of June,
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
published officially in the Telegraph
Herald newspaper this 5th day of June,
1981. Mary A. Davis
City Clerk
It 6/5
Council Member Felderman moved
final adoption of the OrdinanCe.
Seconded by Council Member Furrell.
Carried by the following vote:
yeas--Mayor King, Council Mem-
bors Brady, Furreil, Feldecman, Pratt.
Nays--None.
Regular Session, June 1, 1981
187
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider an Ordinance by
enacting a new Chapter 31 in lleu
thereof to Code of Ordinances to pro-
vide for Burglary and Robbery
Systems, presented and read.
C~uocil Member Felderman moved
tO reCeive and file the proof of publica-
tion. Seconded by Council Member
Furrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of Dubuque Pack-
lng Company submitting suggested
changes regarding the proposed
burglary and robbery system,
presented and read.
Council Member Felderman moved
to receive and file the communication.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreli, Falderman, Pratt.
Nays--None.
Council Member Brady moved to
suspend the rules to let anyone pr~
sent address the Council if they so
desire. Seconded by Councli Member
FarrelL Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Furrell, Felderman, Pratt.
Nays--None.
Joseph Kisting, of 4951 N. Cascade
Rd. representing the Voggenthaler
Co., requested that the Council not
adopt the proposed Ordinance relative
to the burglary and robbery alarm
system(s) until further consideration is
Casey Skowronek of 1810 Bristol
Dr., as owner of Skowronek Jeweler's,
stated that there is need for a burglary
Ordinance, but not this one, and that it
would by a good idea to establish a
committee to draft such an Ordinance.
Tom Hopper of 959 Clarke Drive,
stated that he did not believe that
charges should be made for false
alarms, as the Police do not now
charge for invalid fire alarms, or
spotlight, door or window checks, and
who would ultimately determine the
point of fault, as there are always a lot
of false alarms due to unknown causes.
Irv Bohr of 197 Concord St., stated
hehas no problems with the Or-
dinance, but would like to sit on a com-
mlttee to formulate further informa-
tion about this matter, and also would
like to ven~y what is or is not a false
Jim Quayla, Operating Mgr. of
Wards, stated that this Ordinance
needs more work and asked some
specific questions as response and end-
lng of false alarms.
Ed Valentine of 1526 Pego Ct.,
owner of Valentine Auto Body Shop,
expressed appreciation to the Police
Dept. for their quick response in cur-
tailing burglaries etc., but doesn't feel
they should be charged $25 for false
alarms, as most of the false alarms are
not under their control.
Joe Lytle, 635 Lorimer, as President
of Hawkeye Security Agency Co.
Stated he has brought before the
Council previously a request that his
firm be allowed to take over monitor-
ing of alarm systems but has not had
any response.
Harry Mueilich, 870 Cottage and
owner of Muellich '76' Service Center,
feels that by charging the business for
false alarms, and this business having
put considerable money into a
burglary alarm system, that .it seems
to be assessing more money to the vic-
tim.
Jim Rosellep, of 711 W. 17th St.,
stated that with the more sophistica-
tion of the alarm systems, the more
chance of increased false alarms, but
feels the Ordinance needs more input
before adoption.
Mr. Skowronek pointed out that the
discussed central alarm stations
relieves police for other duties and
should be further considered.
Joe Kisting pointed out that in-
surance companies will give a deduc-
tion on rates if the alarm system is
audible as less damage is done, but
that most companies prefer the silent
alarm so the police can catch the
burglars in the act.
Council Member Pratt moved that
the proposed Ordinance be tabled at
this time and that a study group be
put together and they bring back the
user and alarm point of view etc.
Seconded by Council Member Brady.
Vote on the motion was as follows:
Yeas--Council Members Brady,
Pratt.
Nays--Mayor King, Council Mem-
bors Furrell, Felderman.
MOTION FAILED TO PASS.
Council Member Pratt moved that a
report be made over a three month
period on what impact has on false
alarms, including comments of going
to private enterprise for monitoring
these.
MOTION FAILED FOR LACK OF
A SECOND.
188
Regular Session, June 1,1~81
ORDINANCE NO. 29-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY REPEALING CHAPTER 31 OF
SAID CODE AND ENACTING A
NEW CHAPTER 31 IN LIEU
THEREOF PROHIBITING IMPER-
SONATING AN OFFICER, REFUS-
ING ADMITTANCE TO OFFICERS;
PROHIBITING USE OF POLICE
WHISTLE; AND REGULATING
BURGLARY AND ROBBERY
ALARM PERMITS; PROVIDING
FOR BURGLARY AND ROBBERY
SYSTEMS; AND PROVIDING FOR
SERVICE CHARGE FOR POLICE
RESPONSE TO FALSE
said Ordinance having been presented
and read at the meetings of May 4 and
May 18, 1981, presented for final adop-
tion.
ORDINANCE NO. 29-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY REPEALING CHAPTER 31 OF
SAID CODE AND ENACTING A
NEW CHAPTER 31 IN LIEU
THEREOF PROHIBITING IMPER-
SONATING AN OFFICER, REFUS-
ING ADMITTANCE TO
OFFICERS; PROHIBITING USE
OF POLICE WHISTLE; AND
REGULATING BURGLARY AND
ROBBERY ALARM PERMITS;
PROVIDING FOR BURGLARY
AND ROBBERY SYSTEMS; AND
PROVIDING FOR SERVICE
CHARGE FOR POLICE
RESPONSE TO FALSE ALARMS.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nonces of the City of Dubuque, Iowa
be amended by repealing Chapter 31
thereof and enacting a new Chapter 31
in lieu thereof ss follows:
CHAPTER 31
POLICE
ARTICLE I. IN GENERAL
Section 31-1. Impersonating an
Officer
If any private df~zen, within the cor-
porate limits of this City, adopts or
wears on any street or in any public
place, the uniform or insignia worn by
the police force of the City, or if any
person not a member of the police
force, or peace officer represents him-
self as, or assumes to be, a police or
officer, he shall be guilty of
~mpersonating an officer.
Section 31-2. Using a Police
Whistle
If any person, within the corporate
limits of the City, except police and
peace officers, uses or sounds any
police whistle or other device used by
the Police Department, he shall be
guilty of a misdemeanor.
Section 31-3. Refusing Admit-
tance to Officers
Ii' any person, within the corporate
limits of tliis City, refuses to admit the
Mayor, Chief of Police, or any member
of the Police Force into any place
wlfmh they may lawfully enter for ti, e
purposes of ascertaining whether a nut-
sauce exists or a crime has been com-
mltted, or resists, obstructs, or
attempts to resist or obstruct such offi-
cer while attempting to enter any such
place, he shall be guilty of a misde-
ARTICLE II. BURGLARY AND
ROBBERY ALARM PERMITS
SeCtion 31-4. Definitions
ALARM: An alarm is an electrome-
chanical system designed to provide a
signal upon detection of smoke, fire,
unlawful intrusion or other unusual
condition or to be activated by a per-
son to report a crime or other unusual
circumstance. Except for the provisions
of Section 31-12(b) herein, this ordi-
nance is not applicable to alarms uti-
l/zed solely for the purpose of reporting
smoke or fire~
LOCAL ALARM: A local alarm
a signal on the premises in
which the alarm is installed.
DIRECT ALARM: A direct alarm
ignal to the police commu-
nications center.
REMOTE ALARM: A remote
alarm provides a signal to another
location but is not a direct alarm.
DIALER: A dialer is a device con-
netted to a telephone line and provid-
lng for the transmission of pre-
programmed signals of alarm to
another location by calling a telephone
number.
SIGNAL: A signal is a sign, light,
sound or the like giving notice of some
condition or event.
FALSE ALARM SIGNAL: A false
alarm signal is a signal brought to the
attention of the Police Department
and initiat'mg a response when there is
no direct or indirect evidence of a
crime committed or attempted.
PERSON: A person is any individ-
uat, partnership, corporation or other
entity.
SUBSCRIBER: A subscriber is any
Regular Session, June 1, 1981
person who purchases, leases, contracts
for, or otherwise obtains an alarm sys-
tern for premises under his control.
Section 31-5. Permit Required
No direct or remote alarm system
shall be installed or put into use in the
City of Dubuque unless and until a
permit has been obtained. No direct or
remote alarm system presently
installed shall be continued in use
more than ninety (90) days after the
effective date of this ordinance unless a
permit is obtained. No permit is
required for local alarm systems.
Section 31-6. Application for Per-
mit
A permit may be obtained upon pay-
ment of established fees and presents-
tion of required information to the
Office of the Chief of Police. Required
information shall h~clude the follow-
ing:
1) Location of alarmed premises;
2) Specific areas on premises from
which a sigual may originate;
3) Names, addresses, and phone
number of persons responsible for the
premises;
4) The name of the person responsi-
ble for payment of fees and charges;
5) Name and address of person pro-
viding the alarm equipment and instal-
lafwn thereof.
Section 31-7. Permit Fees
Permit fees shall be as follows:
For each Direct Alarm, $150.00.
For each Remote Alarm, No Fee.
Permit fees will not be required for
alarm systems terminated at the Police
Department and for which fees have
been paid prior to the enactment of
this ordinance.
Section 31-8. Revocation of Per-
mit
a. An alarm permit shall be revoked
by the Chief of Police for failure to
pay any service charge required by this
ordinance within thirty (30) days of
billing,
b. An alarm permit may be revoked
by the Chief of Police ff more than
twelve (12) false alarm signals are
received in any twelve (12) month or
lesser period of time.
c. Notice of revocation may be given
verbally or in writing and in the case
of verbal notice, a subsequent written
confirmation will be given by the
Office of the Chief of Police.
d. A permit which has been revoked
may be reissued upon presentation of
evidence that the cause for revocation
has been removed and payment of a
fifty dollar ($50.00) fee. Evidence of
removal of cause means proof of pay-
ment in the cose where revocation was
for non-payment of fees, or evidence of
189
:orrective measures taken in the csse
where revocation was for excessive
false alarms.
Section 31-9. Service Charges
this section applies to direct, remote
and local alarm systems:
a. There shall be no service charges
for police department response to the
first four (4) false ala~n responses in
any twelve (12) month period of time.
b. There shall be no service charge
when there has been no police response
to the alarm.
c. There shall be a sea, ice charge of
twenty-five dollars ($25.00) for
response to the fifth (5th) and each
subsequent false alarm providing there
have been at least four (4) false alarms
within the most recent twelve (12)
month period.
d. The service charge may be waived
by the Chief of Police in the case of
develapment of alarm conditions not
reasonably attributable to the sub-
scriber or the subscriber's equipment.
The Police Department will not serve
as intervenor in the case of disputes
arising between the subscriber and any
other person regarding the delivery of
service, the quality of the alarm sys-
tem equipment, or the maintenance
thereof.
e. Alarm signals received during the
first two (2) weeks after the issue date
for a permit for a new installation will
not be counted for the purposes of Sec-
tion 31-8 and 31-9. Nothing herein
authol~zes any person to deliberately
cause an alarm signal to be initiated
without advance permission fi'om the
Police Department.
Section 31-10. Duties of the Chief
of Police
a. The Chief of Police shall maintain
a current file of all alarm systems for
which permits have been issued.
b. The Chief of Police will cause
written notice to be sent to the alarm
subscriber for each false alarm signal
resulting in police response.
Section 31-11. Assistance Pro-
vided
Within its capability, the Police
Department will provide technical
assistance or advice to any person
wishing to install an alarm system or
improve an existing system.
Nothing in this ordinance shall be
interpreted as requiring or assuring any
specific response by the police.
Section 31-12. Prohibited Acts
a. No person shall install, cause to
be installed, or have on his premises an
operable direct or remote alarm system
without having first obtained the
proper permit. This section becomes
effective ninety (90) days after the
190
effective date of this ordinance.
b, No person shall install or have on
his premises an alarm system which
has an automatic dialing device pro-
grammed to call a Police Department
or Fire Deparment number.
c. No person shall install or have on
his premises an alarm system which
has been installed, after the effective
date of tins ordinance when such sys-
tem has an audible signal unless the
system includes a timing device to stop
the audible signal witinn fifteen (15)
d. No person shall dehberately cause
a false alarm signal to be iniriated
without first receiving permission from
the police Department to conduct a
Mayor
ATTEST:
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers FarrelL Felderman.
Nays--Council Members Brady,
Proof of publication, cart/fled to by
the Publisher, of No(ice of Public
Hearing to consider an Ordinance
amending Code of Ordinances by enac-
ting certain sections of Chapter 18 in
lieu thereof to revise and reestablish
an Electric Code for the City of Dubu-
que, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
cil Member Pratt moved that the proof
of publication be received and filed.
Seconded by Council Member Brady.
Carried by'the following vote:
yeas--Mayor King, Council Mem-
bets Brady, Farmll, Feldermen, Pratt.
Nays--None.
ORDINANCE NO. ~81
AN ORDINANCE AMENDING
CODE OF ORDINANCES OF CITY
OF DUBUQUE BY ENACTING
CERTAIN SECTIONS OF
~ 1~ IN LIeU THEREOF
TO REGULATE THE PRACTICE,
Regular Session, June 1,19Ol
MATERIALS AND FIXTURES US-
ED IN THE INSTALLATION,
MAINTENANCE, EXTENSION
AND ALTERATION FOR WIRING,
FIXTURES, APPLIANCES AND
APPURTENANCES IN CONNEC-
TION WITH VARIOUS ELEC-
TRICAL SYSTEMS WITHIN THE
CITY; PROVIDING FOR THE IN-
SPECTION OF SUCH wORK, THE
ISSUANCE OF PERMITS AND
COLLECTION OF FEES
PHEREFORE, THE EXAMINA-
TION AND REGISTRATION OF
ELECTRICAL CONTRACTORS,
JOURNEYMAN ELECTRICIANS,
MAINTENANCE ELECTRICIANS
AND APPRENTICE AND/OR
HELPERS AND COLLECTION OF
FEES THEREFOR AND PRO-
VIDING FOR PENALTIES FOR
VIOLATION OF SAID OR.
DINANCES, said Ordinance having
been presented and read at the Council
Meeting of May 18, 1981, presented
for final adoption.
ORDINANCE NO. 30-81
AN ORDINANCE AMENDING
CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SECTIONS 13-12, 13-13, 13-16,
13-18, 13-19, 13-22, 13-29, 13-30, 13-31,
13-51, 13-52, 13-53, 13-54, 13-56, 13-57,
13-66, 13-67, 13-68, 13-69, 13-70, 13-71,
13-73, 13-83, 13-85, 13-86, 13-91, AND
13-94, AND ENACTING NEW
SECTIONS 13-12, 13-13, 13-16, 13-18,
13-19, 13-22, 13-29, 13-51, 13-52, 13-53,
13-54, 13-56, 13-57, 13-66, 13-67, 13-68,
13-69, 13-70, 13-71, 13-73, 13-83, 13-85,
13-86, 13-91, AND 13-94, pERTAIN-
ING TO REVISING AND REES-
TABLISHING AN ELECTRICAL
CODE FOR THE CITY OF
DUBUQUE, IOWA, REGULATING
THE PRACTICE, MATERIALS
AND FIXTURES USED IN THE
INSTALLATION, MAINTE-
NANCE, EXTENSION AND
ALTERNATION FOR WIRING,
FIXTURES, APPLIANCES AND
APPURTENANCES IN CONNEC-
TION WITH VARIOUS ELECTRI-
CAL SYSTEMS WITHIN THE
CITY OF DUBUQUE, IOWA: pRO-
VIDING FOR THE INSPECTION
OF SUCH WORK. THE
ISSUANCE OF PERMITS AND
COLLECTION OF FEES THERE-
FORE, THE EXAMINATION AND
REGISTRATION OF ELECTRI-
CAL CONTRACTORS, JOURNEY-
MAN ELECTRICIANS,
MAINTENANCE ELECTRICIANS
AND APPRENTICE AND/OR
HELPERS AND COLLECTION OF
Regular ~ession, June 1, 1981
191
FEES THEREFORE AND PRO-
VIDING FOR PENALTIES FOR
VIOLATION OF SAID ORDI-
NANCE.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Ti~at Section 13-12 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-12 and enacting a new
Section 13-12 in lleu thereof as fol-
lows:
Section lg-12. Purpose; Scope.
(A) It is the purpose of this article to
adopt a complete electrical code,
including provisions for the inspection
and regulation of electrical installation,
issuance of permits and collection of
fees, anti to provide penalties for viola-
tions of this article ia order to protect
public safety, healsh and welfare.
(B) The provisions of this article
shall apply to and govern the supply of
electricity and all uses, installations,
alterations, repairs, removals, renewals,
replacements, disturbances, connec-
tions, disconnections and maintenance
of all electrical materials, wiring, con-
ductors, fittings, devices, appliances,
fixtures, signs and apparatus or parts
thereof, hereinafter raferced to as elec-
trical equipment, that are intended to
be, or are, witinn, on, under, over or
near any building, structure, equip-
ment, or premises, with the following
exceptions:
(1) The i~mtallation, alteration or
repair of electrical generation, trans-
mission, or distribution equipment, but
not utilization equipment owned and
operated by an electrical utility.
(2) The installation, alteration or
repair of electrical signal or communi-
cation equipment if such equipment is
owned or operated by a utility com-
pany.
(3) Any work on or in watercraft
other than floating dwelling units, rail.
way cars, trackless trolleys, buses, air-
craft and motor vehicles.
(4) Any work in connection with
electrical equipment used for radio and
television transmission but not incind-
ing supply wire to such equipment.
(5) Any work involved in the manu-
factuting or testing of electrical equip-
ment or apparatus, but not including
any permanent wiring or equipment.
(6) Any work associated with:
(a) The repair of plug-connected
electrical appliances or devices.
(b) Permanently connected electrical
appliances or devices that have been
electrically and mechanically diacon-
nected and separated from all sources
of electrical supply (by an electrical
licensee). The opening of switches or
the blowing or removal of fuses shall
not be considered an electrical or
mechanical disconnection or separa-
(7) The installation or replacement
of approved fuses.
(8) The installation or replacement
of pin-type lamps, screw base lamps, or
plug-connected portable appliances;
repairing or replacing push or snap
switches, hmp sockets, receptacles and
taping bare wires.
SECTION 2. That Section 13-13 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-13 and enacting a new
Section 13-13 in lieu thereof as fei-
Section 13-13. Penalty for Viola-
tion of Article
The doing of any act, or the orals-
sion of any act, declared to be unlaw-
ful by this code, or any code or
ordinance herein adopted by reference,
is declared to be a misdemeanor, and
each said act shall be deemed a sepa-
rate offense for each and every day or
portion thereof during which any such
unlawful act is committed, continued
or permitted and upon conviction shall
be punishable by fine in a sum not
exceeding one hundred dollars ($100.00)
or by imptisonment not to exceed
thirty (30) days, or by both such fine
and imprisonment. The penalty herein
provided shall be cumulative with and
in addition to the revocation, cancelia-
tion or forfeiture ~of any license or per-
mit elsewhere in this code provided for
violation thereo£
Section 3. That Section 13-16 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-16 and enacting a new
Section 13-16 in lieu thereof as fei-
Section 13-16. Adoption of Else-
trical Code
The National Electrical Code of
1981, as promulgated by the National
F/re Protection Association is hereby
adopted in fidi. From the effective date
of this article, all electrical work as set
out in Section 13-12 shall be performed
in accordance with its provisions as
modified herein. A copy of the
National Electrical Code, as adopted,
is on file in the Office of the City Clerk
for public inspection.
Section 4. That Section 13-18 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-18 and enacting a new
Section 13-18 in lieu thereof as fol-
lows:
192
Section 13-18. Alternate Materi-
als and Methods of Construction
The provisions of this code are not
intended to prevent the use of any
material or method of construction not
specifically prescribed by this code,
provided any such alternate has been
approved and the use authorized by
the building official.
The building official may authotize
any alternate provided he finds the
proposed design is satisfactory for the
intended use and complies with the
provisions of this code and that the
material, method or work offered is,
for the purpose intended, at least
equivalent to that prescribed by this
code in suitability, strength, effective-
ness, fire resistance, durability and
sai'ety,
The building official shall requh'e
sufficient evidence or proof be submit-
ted to substantiate any claims made
regarding the use of alternates. Tbe
details of any action granting approval
of an alternate shall be recorded and
shall be entered in the files of the
Building Se~wices Division.
SECTION 5. That Section 13-19 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-19 and enacting a new
Section 13-19 in lieu thereof as fol-
lows:
Section 13-19. Damage to Wires;
Curb Cuts Traversing City-Owned
Electrical Conductors
(A) It shafi be unlawful for any
owner, workman, contractor or other
person not authorized by the building
official, in any manner, to cut, damage,
or otherwise interfere with any wire or
apparatus within or upon any building
so as to render the same defective in
operation or not in accordance with
the rules and provisions of this artlcle.
(B) When curbs are cut for drive-
ways, and a City-owned electrical con-
ductor is traversed, loss of which would
necessitate the removal of the di. ive-
way for repair, the person or firm
desiring to make such change shall be
responsible for installing a satisfactory
raceway through which conductors can
be removed and replaced without dis-
turbing the driveway.
SECTION 6. That Section 13-22 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-22 and enacting a new
Section 13-22 hi lieu thereof as fei-
Section 13-22. Outdoor Lighting
When outdoor lighting is to be
installed on private property, the lights
shall be so placed and be of a light
intensity or direction as to not provide
Regular Session, June 1,1981
a ; ~ght to the driver of a motor
vehicle in adjacent streets, to pedestri-
ans or to adjacent properties.
Section 7. That Section 13-29 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-29 and enacting a new
Section 13-29 in lieu thereof as fol-
lows:
Section 13-29, Powers and Duties
of Building Official
(A) General. The building official is
hereby authorized and directed to
enforce all the provisions of this code.
For such purposes he shall have the
powers of a law enforcement officer.
(b) Deputies. In accordance with
the prescribed p~ocedures of the City
of Dubuque and with the concurrence
of the city manager, the building offi-
cial may appoint a chief electrical
inspector and other related technical .
officers and inspectors and other
employees as shall be authorized from
time to time.
(C) Right of Entry. Whenever it is
necessary tQ make an inspection to
enforce the provisions of this code, or
whenever tl~e building official or his
authorized representative has reason-
able cause to believe that there exists
in any building or upon any premises
any condition or violations of this code
which make the building or premises
unsafe, dangerous or hazardous, the
building official or his authorized rep-
resentative may enter the building or
premises at all reasonable times to
inspect or to perform the duties
imposed upon the building official 5y
this code, provided that if such build-
lngs or premises be occupied he shall
his credentials to the occupant
and request entry. If such building or
premises be unoccupied, he shall first
make a reasonable effort to locate the
owner or other person having charge or
control of the building or premises and
request entry. If entry is refused the
building official or his authorized rep-
resentative, he shall have recourse to
every remedy provided by law to
When the building official or his
authotized representative shall have
first obtained a proper inspection war-
rant or other remedy provided by law
trol of any building or premises shall
fail or neglect, after proper request is
made as herein provided, to promptly
permit entry therein by the building
official or his authorized representative
for the purpose of inspection and
examination pursuant to this code.
(D) Stop Orders. Whenever any
Regular Session, June 1, 1981
193
work is being done contrary to the
provisions of this code, the building
official may order the work stopped by
notice in writing served on any persons
engaged in the doing or causing such
work to be dohe, and any such persons
shall forthwith stop work until author-
ized by tlie building official to proceed
with the work.
(E) Authority to Disconnect Uti-
lities in Emergencies. The building
official or his authorized representative
shall have the authority to disconnect
energy supplies to a building, structure,
premises or equipment regulated by
this code in case of emergency where
necessary to eliminate an immediate
hazard to life or property. The building
official shall, whenever possible, notify
the serving utility, the owner and occu-
pant of the building, structure or prem-
ises of the decision to disconnect prior
to taking such action, and shall notify
such serving utility, owner and occu-
pant of the building, structure, or
premises in writing of such disconnec-
tion immediately thereafter.
(F) Authority to Condemn Equip-
ment. Whenever the building official
ascertains that any equipment, or per-
tion thereof, regulated by this code has
become hazardous to life, health or
property, he shall order in writing that
such equipment either be removed or
restored to a safe or sanitary condi-
tion, as appropriate. The written notice
itself shah fix a time limit for compli-
ance with such order. No person shall
use or maintain defective equipment
after receiving such notice.
When such equipment or installation
is to be disconnected, written notice of
such discollnection and causes therefor
shall be given within twenty-four (24)
hours to the serving utility, the owner
and occupant of the building, structure
or premises. When any equipment is
maintained in violation of this code,
and in violation of any notice issued
pursuant to the provisions of this sec-
tion, the building official shall insti-
tute any appropriate action to prevent,
restrain, correct or abate the viola-
(G) Connection After Order to
Disconnect. No person shall make
connections from any energy, fuel or
power supply nor supply energy or fuel
to any equipment regulated by this
code which has been disconnected or
ordered to be disco~mected by the
building official or the use of which
h~s been ordered to be discontinued by
the building official until the building
official authorizes the reconnection
and use of such equipment.
(H) Liability. The building official,
or his authorized representative,
charged with the enforcement of this
code acting in good faith and without
malice in the dischm'ge of his duties,
shall not thereby render himself per-
sonally liable for any damage that may
accrue to persons or property as a
result of any act or by reason of any
act or omission in the discharge of his
duties. A suit brought against the
building official or employee because
of such act or omission performed by
hint in the enforcement of any provi-
sion of this code shall be defended by
legal counsai provided by this jurisdic-
tion until final termination of such
proceedings.
This code shall not be construed to
relieve from or lessen the responsibil-
ity of any person owning, operating or
controlling any equipment regulated
herein for dmnages to persons or prop-
erty caused by defects, nor shall the
code entbrcement agency or its parent
jurisdiction be held as assuming any
such liability by reason of the inspec-
~tions authorized by this code or any
approvals issued under this code.
(I) Cooperation of Other Officials
and Officers. The builifing official
may request, and shall receive so far as
is required in the discharge of his
duties, the assistance and cooperation
of other officials of this jurisdiction.
Section 8. That Section 13-30 of the
Code of Ordinances of the City of
Dubuque, Iowa be amemied by repeal-
lng Section 13-30.
SECTION 9. That Section i3-31 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-31.
SECTION 10. That Section 13-51 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-51 and enacting a new
Section 13-51 in lieu thereof as fol-
lows:
Section 13-51. Permits Required
It shah be unlawful for any person,
firm or corporation to make any
installation, alteration, repair, replace-
ment or remodel any electrical system
as set out in Section 13-12 of this ordi-
nance without first obtaining an elec-
trical penuit.
(A) Annual permits. An annual
permit in lieu of individual permits
shall be issued after application to any
person, firm, corporation or other asso-
ciation regularly employing one or
more registered maintenance electri-
cians, for the repair and maintenance
of electrical equipment in or on build-
ings or premises owned or occupied by
the applicant for such permit. An
application for an annual permit shall
Regular Session, June 1, 1981 195
194
be in writing and shall contain a
description of the premises on which
the work is to be done under such
annual permits. The permittee shall
keep a record of all electrical repairs
and maintenance work done under the
permit. This record shall be accessible
to the building official at all reason-
able times. All work done under such
permit and all electrical working and
installation shall be in conformance
with the provisions of this article.
SECTION ].1. That Section 13-52 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-52 and enacting a new
Section 13-52 in lieu thereof as fol-
lows:
Section 13-52. Application For
Permit
To obtain a permit, the applicant
shall first file an application therefor
in writing on a form furnished by the
Building Services Division for that
purpose. Every such application shall:
(1) Identify and describe the work to
be covered by the permit for which
application is made.
(2) Describe the land on which the
proposed work is to be done by legal
description, street address or similar
description that will readily identify
and definitely locate the proposed
building or work.
(3) Indicate the use or occupancy for
which the proposed work is intended.
(4) Be accompanied by plans, dia-
grams, computations and specifications
and other data as required in Subsec-
tion (a) of this section.
(5) Be signed by permittee or his
authorized agent, who may be required
to submit evidence to indicate such
authority.
(6) Give such other data and infor-
mation as may be required by the
building official.
(a) Plans and Specifications.
Plans, engineering calculations, dia-
grams and other data shall be submit-
ted in one or more sets with each
application for a permit. The building
official may require plans, computa-
tions, and specifications to be prepared
and designed by an engineer or archi-
tect licensed by the state to practice as
such. EXCEPTION: The building ofri-
cial may waive the submission of plans,
calculations or other data if he rinds
that the nature of the work applied for
is such that reviewing of plans is not
necessary to obtain compliance with
this code.
(b) Information on Plans and
Specifications. Plans and specifica-
tions shall be drawn to scale upon sub-
stantial paper or cloth and shall be of
Regular Session, June 1,19~1
sufficient clarity to indicate the inca-
tion, nature and extent of the work
proposed and show in detail that it will
onform to the provisions of this code
and relevant laws, ordinances, rules
and regulations.
SECTION 12. That Section 13-53 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-53 and enacting a new
Section 13-53 in lieu thereof as fol-
lows:
Section 13-53. Permit Issuance
The application, plans and specifica-
tions and other data filed by an appli-
cant for permit shall be reviewed by
the building.officiaL Such plans may
be reviewed by other departments of
tbJs jurisdiction to verify comp]lance
with applicable laws under thefr juris-
diction. If the building official finds
that the work described in an applica-
tion for a permit and the plans, specifi:
cations and other data filed therewith
conform to the requirements of this
code and other pertinent laws and
ordinances and that the fees specified
in Table 13:A have been paid, he shall
issue a pemfit therefor to the appli-
cant.
When the building official issues tbe
permit where plans are required, he
shall endorse in writing or stamp the
dans and specifications "AP-
PROVED.'' Such approved plans and
~ecificatlons shall not be changed,
modified or altered without authoriza-
tion from the building official, and all
work shafi be done in accordance with
the approved plans.
The building official may issue a
permit for the construction of a part of
an electrical system before the entire
Hans and specifications for the whole
system have been submitted or
approved, provided adequate informs-
tlon and detailed statements have been
filed complying with all pertinent
requirements of this code. The holder
of such permit may proceed at his own
risk without assurance that the permit
for the entire building, structure or
electrical system will be granted.
(A) Retention of Plans. One set of
approved plans, specifications and
computations shall be retained by the
building official until final approval of
the work covered therein. One set of
approved plans and specifications shall
be returned to the applicant, and said
set shall be kept on the site of the
building or work at afi times during
which the work authorized thereby is
in progress.
(B) Validity of Permit. The
issuance of a permit or approval of
~plans and specifications shah not be
construed to be a pernfit for, or an
approval of, any violation of any of
the provisions of this code or of other
ordinance of the jurisdiction. No per-
mit presuming to give authority to vio-
late or cancel the provisions of this
code shall be valid.
The issuance of a permit based upon
plans, specifications and other data
shall not prevent the building official
from thereafter requiting the correction
of errors in said plmm, specifications,
and other data or from preventing
building operations being carried on
thereunder when in violation of this
code or of other ordinances of this
jurisdiction.
(C) Expiration. Every permit issued
by the building official under the pro-
visions of this code shall expire by limi-
tation and become null and void if the
work authorized by such permit is not
commenced within 180 days from the
date of such permit, or if the work
autborized by such permit is suspended
or abandoned at any tbne after the
work is commenced for a period of 180
days. Befo~ such work can be recom-
menced, a new permit shall be first
obtained to do so, and the fee therefor
shall be one-half (1/2) the amount
required for a new permit for such
work, provided no changes have been
made or will be made in the original
plans and specifications for such work
and provided further that such suspen-
sion or ab-andonment has not exceeded
one ( 1 ) year.
Any permittee holding an unexpired
penuit may apply for an extension of
the time within which he may com-
mence work under that permit when
he is unable to commence work within
the time required by this section for
good and satisfactory reasons. The
building official may extend the time
for action by the permittee for a period
not exceeding 180 days upon written
request by the permittee showing that
circumstances beyond the control of
the permittee have prevented action
from being taken. No permit shall be
extended mo~ than once. In order to
renew action on a permit after expira-
tion, the permirtee shall pay a new full
permit fee.
(D) Suspension or Revocation.
The building official may, in writing,
suspend or revoke a permit issued
under the provisions of this code
whenever the permit is issued in error
or on the basis of incorrect information
supplied or in violation of other ordi-
nm~ce or regulation of the jurisdiction.
SECTION 13. That Section 13-54 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-54 and enacting a new
Section 13-54 in lieu thereof as fol-
lows:
Section 13-54. Fees
Permit Fees. The fee for each per-
mit shall be as set forth in Table 13-
A.
(A) Plan Review Fees. When a
plan or other data are required to be
submitted by Subsection (a) of Section
13-~2, a plan review fee shall be paid at
the tbne of submitting plans and speci-
fications for review. The plan review
fees for electrical work shall be as set
fortb in Table 13-A. When plans are
incomplete or changed so as to require
additional plan review, an additional
)lan review fee shall be charged at the
rate shown in Table 13-A.
(B) Expiration of Plan Review.
Applications for which no permit is
issued within 180 days following the
date of application shall expire by lim-
itation, and plans and other data sub-
mitted for review may thereafter be
returned to the applicant or destroyed
by tbe building official. The building
official may extend the time for action
by the applicant for a period not
exceeding 180 days upon request by the
applicant showing that circumstances
beyond the control of the applicant
have prevented action from being
taken. No application shall be
extended more than once. In order to
renew action on an application after
expiration, the applicant shall resubmit
plans and pay a new plan review fee.
(C) Investigation Fees: Work
Without a Permit.
(1) Investigation. Whenever any
work for which a permit is required by
this code has been commenced without
first obtaining said permit, a special
investigation shall be made before a
pmTait may be issued for such work.
(2) Fee. An investigation fee, in
addition to the permit fee, shall be col-
lected whether or not a permit is then
or subsequently issued. The investiga-
tion fee shall be equal to the amount
of the permit fee that would be
required by this code if a permit were
to be issued. The payment of such
investigation fee shall not exempt any
}erson from compliance with all other
)rovisions of this code nor from any
penalty prescribed by law.
(D) Suspension of Permit Privi-
lege for Multiple Violathins~ Where
a registered electrical contractor is
found doing electrical work without an
electricai permit on three (3) separate
occasions in one (1) calendar year, a
hearing shall be held by the building
official at wbich time the permit priv-
ileges of said electrical contractor may
196
be suspended for a period of time not
to exceed one (1) year. The members of
the electrical examining board as
estshlished by Article III, Division 2 of
this chapter shafi be present at such
bearings and shall act as advisors to
the building official in determining
what course of action should be
taken.
(E) Fee Refunds.
It) The bailding official may autho-
rize the refunding of any fee paid here-
under which was erroneously paid or
collected.
(2) The building official may autho-
rize the refunding of not more than
eigbty percent (80%) of the permit fee
paid when no work has been done
under a permit issued in accordance
with this code.
(3) The bailding official may autho-
rize the refunding of not more than
eighty percent (80%) of the plan review
fee paid when an application for a per-
mit for which a plan review fee has
been paid is withdrawn or cancelled
before any plan review effort has been
expended.
The buikting official shall not autho-
rize the refunding of any fee paid
except upon written application filed
by the original pernrittee not later
than 150 days after the date of fee
payment.
SECTION 14. That Section 13-56 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-56 and enacting a new
Section 13-56 in lieu thereof as fol-
lows:
Section 13-56. Inspections
A~l electrical systems for which a
perndt is required by this code shall be
inspected by the building official. No
portion of any electrical system
intended to be concealed shall be con-
cealed until inspected and approved.
Neither the building official nor the
jurisdiction shall be liable for expense
entailed in the removal or replacement
o~ r~a~teriai required to permit inspec-
tlon. When the instaliatinn of an elec-
trical system is complete, an additional
and final inspection shall be made.
Electrical systems regulated by this
code shall not be connected to the
energy lines until authorized by the
building official.
lA) In industrial plants where expe-
rienced electricians are regularly
employed and who have charge of the
electrical work in such plants, a
monthly inspection shall be made by
the building official of the installation
of electric wiring, fixtures, apphances,
work and materials used hi connection
with the operation of work in said
Regular Session, June 1,1981
record shall be kept at such
covering the preceding month.
This record shall be filed with the
building offiaial each month prior to
the time he makes his regular inspec-
tinn. Any falsity contained in the
reports rcquised to be filed with the
building official shall subject the per-
son, firm or corporation responsible
to the penalties provided in
; article.
Any industrial plant to whom the
'' hereof applies shall pay to
the City ten dollars ($10.00) per
month, or 9ne hundred twenty dollars
($120.00) per year.
lB) Inspection Requests. It shall
be the duty of the person doing the
work authorized by a permit to notify
the building official that such work is
ready for inspectio~a. The building offi-
cial may require that every request for
inspect/on be filed at least one (1)
working day before such h~spection is
desired. Such request may be in writ-
ing or by telephone at the option of
the building official.
It shai[ be the duty of the person
requesting inspections required by this
code to provide access to and means
for proper inspection of such work.
lC) Other Inspections. In addition
to the called inspections required by
this code, the building official may
make or require other inspections of
any electrical work to ascertain com-
pllance with the provisions of this code
and other laws which are enforced by
the code enforcement agency.
(D) Relnspect/ons. A reinspectten
fee may be assessed for each inspection
or reinspection when such portion of
work for which inspection is called is
not complete or when required correc-
tions have not been made.
This provision is not to be inter-
preted as requiring reinspection fees
the first time a job is rejected for fail-
ure to comply with the requirements of
this code, but as controlling the prac-
tice of calling for inspections before the
job is ready for inspection or rcinspec-
tion.
Reinspection fees may be assessed,
when the approved plans are not rea-
dily available to the inspector, for fail-
ure to provide a~Ccess on the date for
which inspection is requested or for
deviating from plans requiring the
approval of the building official.
To obtain reinspection, the applicant
shall file an application therefor in
writhxg upon a form furhished for that
purpose and pay the reinspection fee in
accordance with Table 13-A.
In instances where reinspection fees
have been assessed, no additional
Regular Session, June 1, 1981
197
inspection of the work will be per-
formed until the required fees have
been paid.
SECTION 15. That Section 13-57 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-57.
SECTION 16. That Section 13-66 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-66.
SECTION 17. That Section 13-67 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-67.
SECTION 18. That Section 13-68 of
the Code of Ordinances of the City of
Dubuque, Iowa be mnended by repeal-
ing Section 13-68.
SECTION 19. That Section-13-69 of
the Code of Ordinances of the City of
Dubuque, Iowa be mnended by repeal-
lng Section 13-69.
SECTION 20. That Section 13-70 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-70 and enacting a new
Section 13-70 in lieu thereof as fol-
lows:
Section 13-70. Issuance of Certifi-
cates of Approval
lA) Generally. If the building offi-
cial finds the work to be in conformity
with the provisions of this article, he
may issue to the person, firm or cor-
poration or other association that has
done the work a certificate of
approval. This certificate shall autho-
rize the use of the work and connec-
tion to the supply of electricity. The
building official shall send written
notice of such authorization to the
agency supplying the electricity.
lB) Temporary Installations. A
certificate of approval may be issued
authorizing the connection and use of
a temporary installation. Such certifi-
cate shall be issued to expire at a time
to be stated therein and may be
revoked by the building official for any
violation of this article.
SECTION 21. That Section 13-71 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-71.
SECTION 22. That Section 13-73 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-73 and enacting a new
Section 13-73 in lieu thereof as fol-
lows:
Section 13-73. Appeals Proce-
dore.
Al~y persol~ firm or corporation or
other association who is aggrieved by
a decision of the building official on
any requirements resulting from the
enforcement of the Electrical Code
may appeal from such decision to the
Electrical Appeal Board.
In case the aggrieved party is a
member of said Board, said member
shall be disqualified as a member of
the Board acting as an Appeal Board
until the person aggrieved has been
heard and a decision rendered.
The appeal shall be made by the
person aggrieved, giving written notice
of such appeal to the building official
at his office within seven (7) days of
receipt of the decision from which the
appeal is taken. The Electrical Appeal
Board shall meet within seven (7) days
affer receiving such notice and shall
render a decision within five (5) days
thereafter. Any interested party includ-
lng the building official shall have the
right to present their case to the
Appeal Board whose decision shall be
final unless appealed to the District
Court as provided by law.
The Board of Appeal may reverse or
modify a decision of the building offi-
cial only on finding that:
lA) the building official had incor-
rectly interpreted the provision of this
code;
lB) the decision of the building offi-
aim creates an unnecessary hardship
upon the appellant.
In so modifying or reversing such
decision of the building official, the
Board of Appeal may authorize any
alternate to the decision of the build-
lng official provided it fmds the pro-
posed material or method of
construction is satisfactory for the use
intended and complies with the provi-
sions of this code, and that the
material, method or work offered is, for
the purpose intended, at least equiva-
lent to that prescribed by this code in
suitability, strength, effectiveness,
durability and safety.
The Appeal Board shall require that
sufficient evidence or proof be submit-
ted to substantiate any claims made
regarding the use of alternates.
SECTION 23. That Section 13-83 of
the Code of Ordinances of the City of
Dubuqe, Iowa be amended by repeal-
lng Section 13-83 and enacting a new
Section 13-83 in lieu thereof as fol-
lows:
Sect/on 13-83. Definitions
For use within thi~ article the fob
lowing words and phrases are defined:
APPRENTICE and/or HELPER:
The term "Apprentice and/or Helper"
shall include any person who does not
hold a license as a journeyman electri-
cinn, muinenance electrician or con-
tractor and is assisting in the
installation, alteration or repair of
198
Regular S~ssio~n June 1,1981
electrical work.
ELECTRICAL CONTRACTOR
means any person, firm or corporation
who undertakes, or offers to undertake
to plan for, supervise, lay out, and do
electrical work for a fixed sum, price,
fee, percentage, or other compensa-
tion.
ELECTRICAL EQUIPMENT
means all electrical materiais, wiring,
conductors, fittings, devices, appli-
ances, fixtures, signs and apparatus or
parts thereof.
ELECTRICAL WORK means ail
installations, alterations, repairs,
removals, renewals, replacements, con-
nections, disconnections and mainte-
nance of all electrical equipment
except as otherwise noted.
JOURNEYMAN ELECTRICIAN
means a person having the necessary
qualification, training, experience and
technical knowledge 'to do electrical
work in accordance with current elec-
trical ordinances of the City of
Dubuque.
MAINTENANCE ELECTRICIAN
means a person who has the necessary
training, experience and technical
knowledge to undertake the work of
installing, servicing, maintaining, alter-
ing and repairing electrical devices,
appliances and equipment within the
stipulated confines of property owned
or contrailed by the firm, business or
company by whom he is employed. An
electrical maintenance certificate of
competency may be issued to an indi-
vidual and will entitle the holder
thereof to undertake the work of
iustai~ng, servicing, maintaining, alter-
ing and repairing electrical devices
appliance~ and equipment only within
the confines of the property owned by
such individual for use of application
to such property.
REGISTERED means registered
under this article, except as otherwise
specified.
SECTION 24. That Section 13-85 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 13-85 and enacting a new
Section 13-85 in lieu thereof as frd-
lows:
Section 13-85.Registration
Required: Exceptions
(A) No person, firm or corporation
shall perform any electrical work as an
electleal contractor, journeyman elec-
trlcian or maintenance electrician in
the City urde~s registered as provided
in this article.
(B) The owner or owners of a single-
family dwelling (or mobile home)
including the usual accessory building
and quarters used exclusively for living
~urposes may do such electrical work
without registration as he demon-
strates his capability to do to the
building official, providing that the
dwelling (or mobile home) will be
occupied by the owner and that a per-
mit is issued as provided in Article II,
Division 5 of this chapter.
(C) No contractor shall hire or
employ or have in his e.mploy, any
apprentice and/or helper to perform
any electrical work unless the appren-
tice and/or helper is actually in the
presence of and with a licensed electri-
cian. Every person who desires to per-
form the work of an apprentice and/or
helper shall register his name as an
apprentice and/or helper with the
Electrical Examining Board at the
time of entering on such employment
and on or before the first day of Jan-
usry of each yeo~' thereafter so long as
such employment shall continue. No
contractor shall hire or empley or have
in iris employ any apprentice and/or
helper who is not registered with the
Electtical Examining Board Secretary.
SECTION 25. That Section 13-86 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-86 and enacting a new
Section 13-86 in lieu thereof as fol-
lows:
Section 13-86. Classes
Four (4) classes of registration are
hereby established and certificates
thereof shall be issued only upon the
directioxi of the electrical examining
board, which classes shall be desig-
nated respectively as:
(1) Class L Electrical contractor's
registration shall entitle the holder
thereof to engage in the business of
electrical contracting, and to secure
permits for the installation, alteration
or repair of any electric wiring, device,
appliances or equipment.
(2) Class II. Electrical mainte-
nance certificate of competency
shall entitle the holder thereof to
undertake the work of installing, ser-
vicing, maintaining, altering and
repairing electrical devices, appliances,
and equipment within the confines of
property owned or controlled by the
firm, business or company employing
such registration holde~ or within the
confines of property Owned by an indi-
vidual.
(3) CI~s IH. Journeyman uiectri-
cian's certificate of competency
shall entitle the holder ,thereof to
undertake the work of instating, main-
taiuing, altering and repairing electrical
devices, appliances and equipment in
the employ of an electricui contractor,
or the holder of an electrical mainto-
Regular Session, J~me 1,1981
nance certificate.
(4) Class IV. Apprentice/Helper
work certificate shall entitle the
holder thereof to assist in the installa-
tion, alteration or repair of electrical
work. This work shali be performed in
the presence of a registered electrician.
SECTION 26. That Section 13-91 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 13-91 and enacting a new
Section 13-91 in lieu thereof as fol-
lows:
Section 13-91. Fees, Bonding and
(A) Before a certificate of registra-
tion is granted to any applicant under
this article and before an expiring reg-
istration is renewed, the epplicant shall
pay to the City a fee and, for Class
I applicants only, furnish the required
evidence of bonding and insurance in
such an amount as herein specified for
the class of registration to be granted
or renewed as folloWS:
(1) Class I, twenty-five dollars
($25.00); annual renewal fee, twenty-
five dollars ($25.00).
(2) Class II, fifteen dollars ($15.00);
annual renewal fee, fifteen dollars
($15.00).
(3) Class III, twelve dollars and fifty
cents ($12.50); annual renewal fee,
twelve dollar~ and fifty cents ($12.50).
(4) Class IV, two dollars ($2.00);
annum renewal fee, two dollars ($2.00)
(B) Bonding and Insurance Prior
to a Class I applicant, the applicant
shall furnish the following to the Exa-
mining Board:
(1) Bond required: Any person,
licensed as an Electrical Contractor, a
Class I Registration, under the scope
of Chapter 13, Code of ordinances
must file with the Board, a bond in the
sum of two thousand dollars ($2,000)
conditional on the faithful perfor-
mance of all duties and regulations
required by Chapter 13, on the prompt
payment to the City of any sums that
may become due and owing to the City
by reason of Chapter 13, on the pay-
ment of all fines imposed upo~ him for
violation of Chapter 13 during life of
said bond and on indemnifying the
City keeping it harmless from liabilities
for damages arising from his negligence
and unskillfulness in doing, pr~tocting
and completing his work. Said bond
shali.be kept in full force and effect for
a period of one (1) year after.cancella-
tion of license.
2. Public Liability Insurance
Required: Evidence of public liability
insurance with limits of at least fifty
thousand dollars ($50,000) per person
198
and one hundred thousand dollars
($100,000) per occurrence and property
damage insurance with limits of at
least £ffty thousand dollars ($50,000).
The insurance shall be written by an
insurer licensed to do business in this
state. Each Dubuque licensed electrical
contractor shall maintain on file with
the board, in addition to evidence of
the insurance, a certificate evidencing
that the insurance shall not be can-
celled without the insurer first giving
fifteen (15) days written notice to the
Examining Board of the cancellation.
(C) Each registration shall expire on
December thirty-first, following the
date of its issue and sbail be renewed
by the electrician's examining board
upon application of the holder of the
registration and payment of the
required fees any time on or before
J~uary first of e0ch year.
Renewal of registration shall not be
granted to a holder of a registration
while indebted to the City under the
terms of this article.
(D) If there is a lapse of over sixty
(60) days from the expiration of~a reg-
istration renewal, the renewal proce-
dure shall be the same as on an
original application.
SECTION 27. That Section 13-94 of
the Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal
lng Section 13-94 and enacting a new
Section 13-94 in lieu thereof as fol-
lows:
Section 13-94. Display of Certifi-
cates
Every holder of a res~stratlon, except
journeyman electricians and appren-
rice/helpers shall have his or her cer-
tificate of registration displayed in a
conspicuous place in his or her princL
pal place of business. Journeyman elec-
tficians and apprentice/helpers shall
carry their certificate cards on the job
site.
SECTION 29. Savings Clause
If any section, provision, or part of
this Ordinance shall be adjudged to be
invalid or unconstitutional, such adju.
dication shall not affect the validity of
the Ordinance as a whole; or any sec-
tion, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION 29. When Effective
This Ordinance shall be in effect
after its final passsge, approval and
equired by law.
PASSED, APPROVED AND
kDOPTED THIS 1ST DAY OF
JUNE, 1981.
D. Michael King, Mayor
ATTEST:
Mary A. Davis
City Clerk
TABLE 13-A
ELECTRICAL pERMIT FEES
PERMIT ISSUANCE
For issuing each permit
(nfinimum) ....................................... 7~50
For issuing each supplemental permit
(minimum) ....................................... 3.00
SYSTEM FEE SCHEDULE
NEW RESIDENTIAL BUILDINGS
The following fees shall include all
wiring and electrical equipment in or
on each building, or other electrical
equipment on the same premises con-
structed at the same time.
For new multifami]y residential build-
ings (apartments and condominiums)
having three or more living units not
including the area of garages, carports,
and other noncom[nercial automobile
storage areas constructed at the same
time, per square foot ...................... 025
Add 50% for electric heat.
For new single and two family~residen-
tim buildings not including the area of
garages, carports and other minor
accessory buildings constructed at the
same time, per square foot ............ 030
Add 50% for electric heat
For uninhabitable areas such as unfin-
ished basements, garages, carports and
other types of residential occupancies
and alterations, additions and modifi-
cations to existing residential buildings
use the UNIT FEE SCHEDULE
PRIVATE SWIMMING POOLS
For new private, residential, in-ground
swimming pools for single family, mul-
tifamily occupancies including a com-
plete set of necessary branch circuit
wiring, bonding, grounding, underwater
lighting, water pumping and other sign-
ilar electrical equipment directly
related to the operation of a swimming
pool, each ........................ 15.00
TEMPORARY POWER SERVICE
For a temporary service power pole or
pedestal including all pole or pedestal-
mounted receptable outlets and appur-
tenances, each ................................. 7.50
For a temporary distribution system
and temporary lighting and receptacle
outlets for construction sites, decora
rive light, Christmas tree sales lots,
fireworks stands, etc., each ........... 5.00
RECEPTACLE, SWITCH AND
LIGHTING OUTLETS
For receptacle, switch, lighting or other
outlets at which current is used or
controlled, except services, feeders and
First 20, each ...................................... 40
Additional outlets, each ................... 15
NOTE: For multioutlet assemblilis
each 5 feet or fraction thereof may be
considered as one outlet.
LIGHTING FIXTURES
For lighting fixtures, sockets or other
1981
lamp holding devices:
First 20, each ...................................... ~0
Additional fixtures, each .................. 15
For pole or platform-mounted lighting
fLxtures, each ...................................... 50
For theatrical-type lighting fixtures or
assemblies, each ................................. 40
RESIDENTIAL APPLIANCES
For fixed residential appliances or
receptacle outlets for same, including
wall-mounted electric ovens; counter-
mounted cooking tops; electric ranges,
elf-contained room, console, or
through-wail air conditioners; space
heaters; food waste grinders; dishwash-
ers; washing machines, water heaters;
clothes dryers; or other motor-operated
appliances not exceeding one horse-
HP) in rating, each ........... 3.00
NOTE: For other types of air condi-
tionem and other motor-driven appli-
ances having larger electrical ratings,
see POWER APPARATUS.
POWER APPARATUS
For motors, generators, transformers,
rectifiers, synchronous converters,
capacitors, industrial heating, air con-
ditioners and heat pumps, cooking or
baking equipment and other apparatus,
as follows:
Rating in horsepower (HP), kilowatts
KW), kilovolt-amperes (KVA), or
kilovolt-amperes-reactive (KVAR):
Up to and including 1, each ......... 3.00
Over 1 and not over 10, each ....... 4.00
Over 10 and not over 20, each ..... 6.00
Over 20 and not over 30, each ..... 8.00
Over 30, each ............. 8.00 plus .15/hp
NOTE:
1. For equipment or appliances hay-
lng more than one motor, transformer,
heater, etc., the sum of the combined
ratings may be used.
2. These fees include all switches,
circuit breakers, contactors, thermo-
stats, relays and other directly related
control equipment.
BUSWAYS
For trolley and phig-in-type busways,
each 100 feet or fraction thereof ....15
NOTE: An additional fee will be
required for lighting fixtures, motors
and other appliances that are con-
nected to trolley and plugdn-type bus-
ways. No fee is required for portable
tools.
SIGNS, OUTLINE LIGHTING AND
MARQUEES
Neon sigas, f~rst transformer or sign
over two sockets ............................. 5.00
Each additional transformer or
ballast .............. : ................................ 3.00
GASOLINE SALES EQUPMENT
Each gasoline pump or dispenser 5.00
SERVICES
For servicas of 600 volts or less and 0-
100 AMPS ........................................ 5.00
Regular Session, June 1,1981
201
Over 100-400 AMPS ....................... 8.00
Over 400-600 AMPS ....................... 12.0~
Over 600-1000 AMPS .....................16.00
For services over 600 volts or over 1000
amperes in rating, each ................. 25.00
MISCELLANEOUS APPARATUS,
CONDUITS AND CONDUCTORS
For electrical apparatus, conduits and
conductors for which a permit is
required but for which no fee is herein
set forth ............................................ 7.50
NOTE: This fee is not applicable when
a fee is paid for one or more services,
oulets, fixtures, appliances, power
apparatus, busways, signs or other
equipment.
MISCELLANEOUS FEES NOT
COVERED ELSEWHERE
For each reinspection made necessary
by faulty construction ................ ...15.00
For annual permit at $10.00 per
month ................................ 120.00 yearly
For failure to report to the inspection
depart~nent an electrical installation
for inspection, for roughdn or comple-
tion, a fee shall be assessed against the
permit holder ................................... 15.00
For failure to be able to make inspec-
tion because of incorrect address 15.00
For Fire Alarm Systems ................ 15.00
For Security Alarm Systems ........ 15.00
For factory inspection of electric signs
and/or Construction Plan Review
(minimmn charge-1 hour) ...... 15.00/hr.
For Electrical Plan Review (minimum
charge-1 hour) .......................... 15.00/hr.
Inspections for which no fee is specifi-
cally indicated (minimum charge-i/2
hour) .......................................... 15.00/hr.
Published officially in the Telegraph
Herald newspaper this 1st day of July,
I981.
Mary A. Davis
City Clerk
It 7/1
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farrell, Feldermun, Pratt.
Nays--None.
Proof of publlcatlon, certified to by
the Publisher, of Notice of Pendency
on Resolution of Necessity for con-
struction of City Hall Parking Lot Ex-
panaion, presented and read.
Council Member Felderemn moved
that tho proof of publication be receiv.
ed and ~ed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
IMPROVEMENT)
RESOLUTION NO. 113-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council Of the City of Dubu-
qua, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the City Hall Parking Lot Expansion.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
vlaable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have flied objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cji and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from the Parking Depreciation Fund
and General Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 4th day of
May, 1981.
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally
passed and adopted, as proposed, by
the City Council this let day of June,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council member Feldermun moved
final adoption of the Resolution.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
DECISION OF COUNCIL UPON OB-
JECTIONS TO PLANS,
SPECIFICATIONS, FORM OF CON-
TRACT AND COST OF
IMPROVEMENTS
RESOLUTION NO. 13~81
WHEREAS, proposed plans and
specifications and form of contract for
the City Hall Parking Lot Expansion
have been approved by the city Coun-
2O2
cfi of the City of Dubuque and public
notice given as provided by the Code
of Iowa pertaining to public contracts
and bonds, and the time and place fix-
ed for the hearing oI ail objections to
said plans, specifications or contract
for or cost of such improvements, said
time being this 1st day of June, 1981;
and
WHEREAS, the City Council met hi
regular session this 1st day of June,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties
and considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein
described and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this 1st
day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Resolution.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(ORDERING CONSTRUCTION)
RESOLUTION NO. 133-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 113-81 which was duly
Regular Session June 1, 1981
)assed by this Council for the City
Hall Parking Lot Expansion be and
;he same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of tha said
hnprovel~ent be paid from Parking
Depreciation and General Fund.
BE IT FURTHER RESOLVED
that this resolvution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed Approved and Adopted this
1st day of~June, 1981.
· D. Michael King
aTTEST: Mayor
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Resolution.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice to Contractors
of the Receipt of Proposals for con-
struction of the City Hall Parking Lot
Expansion, presented and read.
Council Member Felderman moved
tha the proof of publication be receiv-
ed and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager ad-
vising of receipt of bids on May 22nd
for above project and recommending
awarding of contract, presented and
Council Member Felderrnan moved
that the communication be received
and filed. Seconded by Council Mem-
bet Pratt. Carried by the following
Yeas--Mayec King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 134-81
WHEREAS, sealed proposals have
been submitted by contractors for the
Regular Session, June 1, 1981
203
City Hail Parking Lot expansion pur-
suant to Resolution No. 114-81 and
notice to bidders published in a news-
paper published in said City; and
WHEREAS, said sealed proposals
were opened and read on May 22, 1981,
and it has been determined that the
bid of Tschiggfrie Excavating in the
amount of $18,277.80 was the lowest
bid for the furnishing of all labor and
mater~nis and performing the work as
provided for in the plans and speci-
fications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above mentioned
improvement be awarded to Tschigg-
frie Excavating and the Manager be
and he is hereby directed to execute a
contract on behalf of the City of Dubu-
que for the complete performance of
said work.
BE IT FURTHER RESOLVED,
that upon the signing of said contract
and the approval of the contractors
bond the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed and adopted this 1st day of
June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Brady moved that
at this time the Council reconsider the
former motion relative to the Wash-
ington Street Area Revitalization
Plan, and consider adding the addi-
tional 5¥2 block area into the now des-
ignated revitalization area. Seconded
by Council Member Pratt. Vote on the
motion was as follows:
Yeas--Councll Members Brady,
Pratt.
Nays--Mayor King, Council
Members Farrell, Felderman. MO-
TION FAILED TO PASS.
Communication of City Manager ap-
proving petition of Orlin Conlon to va-
cate Lot 38 in Grandview Heights
Subd. near Victoria Street, presented
and read.
Council Member Farreil moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the foliowing
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 135-81
Resolution approving plat of Lot 38 in
Grandview Heights Subidivlsion.
WHEREAS, there has been
presented to the City Council of the
City of Dubuque, Iowa, a plat dated
March 11, 1981, prepared by Bartels,
LeMay, Haas and William J. Byrne
Engineering Company, showing Lot
38 in Grandview Heights Subdivision;
and
WHEREAS, said plat conforms to
the laws and statutes pertaining
thereto.
NOW, THERFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the plat dated March
11, 1981, prepared by Bartele, LeMay,
Haas and William J. Byrne Enginee~
lng Company, covering the real estate
herein above described, be and the
same is hereby approved, and that the
Mayor and City Clerk be and they are
hereby authorized and directed to exe-
cute said plat for and on behalf of the
City of Dubuque, Iowa,.
Section 2. That the City Clerk be and is
hereby authorized and directed to file
said plat and certified copy of this
Resolution in the office of the Recorder
in and for Dubuque County, lowc~
Passed, adopted and approved this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution, Seconded
by Council Member Felderman. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
An Ordinance vacating Lot 38 in
Grandview Heights Subdivision,
presented and read.
Council Member Farreil moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
204
Nays--None.
Council Member Farreil moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King. Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Farreil moved that
a Public Hearing be held on the Or-
dinance on June 15, 1981. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolution approving
amended Lease and Agreement bet-
ween City, Board of Dock Commis-
sioners and Beecher Sand Ltd.,
presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed. Seconded by Council Member Far-
reil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 136-81
WHEREAS, the City of Dubuque,
Iowa, through its Board of Dock Com-
missioners and BEECHER SAND,
LTD., an Iowa Corporation of 1691
Asbury, Dubuque, Iowa, have entered
into a lease and agreement dated
August 14, 1979; and
WHEREAS, the City of Dubuque,
Iowa, through its Board of Dock Com-
missioners and BEECHER SAND,
LTD., have entered into an amend-
ment to the lease agreement, this
amendment providing for an increased
acreage to the August 14, 1979 lease
and agreement; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has examined
said amendment to lease agreement
and approved the same;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the proposed written
amendment to the I~ase agreement by
and between the City of Dubuque,
Iowa, by and through its Board of
Dock Commissioners and the
BEECHER SAND. LTD., an Iowa
Regular Session, June 1, 1981
Corporation of 1691 Asbury, Dubuque,
Iowa, covering a tract of real estate
owned by the City of Dubuque, Iowa,
dated May 12, 1981, be and the same is
hereby approved.
Section 2. That the City Clerk be and
she is hereby authorized and directed
to publlsh notice of said amendment to
lease agreement as is by law required.
Passed, approved and adopted this
1st day of June, 198L
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution, setting Hearing
for June 15, 1981. Seconded by Council
Member Farrell. Carried by the follow-
hig vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli. Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting procedures for the con-
struction of the Crescent Ridge
Sanitary Sewer. presented and read.
Council Member Felderman moved
that the communication be received
and flied. Seconded by Council
Member Farreil. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 137-81
BE IT RESOLVED by the City
City of Dubuque, Iowa,
that the proposed plans, specs., form
of contract, etc. in the construction of
the Crescent Ridge Sanitary Sewer,
with the probable cost of this improve-
ment using General Obligation Bonds
of $18,100.42 and using Special
Assessments of $133,028.22, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Regular Session, June 1, 1981
205
Necessity for Improvement
RESOLUTION NO. 138-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que and are now on file in the office of
the City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and
preliminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Crescent Ridge Sanitary
Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tions to the resolution of necessity,
they shah be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totaily against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne be the City will be paid from
the General Fund, and special assess-
ment bonds may be issued in anticipa-
tion of deferred payments of
assessments when a contract has been
performed and accepted, and the pro-
ceeds thereof used to pay the contrac-
tor.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 1st day of
June, 1981.
Approved and placed on file for final
action.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 139-81
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa:
Section 1. That the attached sheets,
No. i to 2 inclusive, are hereby dete~
mined to be the schedule of proposed
assessments for the City of Dubuque
CRESCENT RIDGE SANITARY
SEWER, and the valuations set out
therein, are hereby approved.
Adopted this 1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 140-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion, for the Crescent Ridge Sanitary
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT
RESOLVED, that on the 6th day of
July, 1981, a public hearing will be
held at 7:30 o'clock p.m. in the City
Council Chambers in the City of Dubu-
que at which time the owners of pro-
perty subject to assessment for the
proposed improvement or any other
person having an interest in the mat-
ter may appear and be heard for or
against the making of the improve-
ment, the boundaries of the district,
the cost, the assessment against any
lot, or the final adoption of a resolution
of necessity, and the City Clerk be and
is hereby authorized and directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
be published once each week for two
Regulm' Session, June 1, 1981
consecutive weeks, the first publica-
tion of which shall be not less than ten
days prior to the day fixed for its con-
sideration. Unless property owners at
the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
resolution of neqessity they shall be
deemed to have waived ail objections
thereto.
Passed, Adopted and Approved this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution, setting
Hearing for July 6, 1981. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Recessed at 9:18 P.M.
Reconvened at 9:25 P.M.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute contract with Project Concern to
operate the two mini-buses owned by
the City of Dubuque for FY '82,
presented and read.
Council Member Felderman moved
to received and file the communication
and authorize the Mayor to sign
contract. Seconded by Council
Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell,
Pratt.
Nays--None.
Communication of City Manager
requesting Mayor be authorized to
submit an amendement to grant
project IA-05-0009 to obtain 80%
funding for capital items
budgeted in FY '82 and send
transmittal letter to UMTA in Kan-
sas City, presented and read.
Council Member Pratt moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman
Pratt.
Nays--None.
RESOLUTION NO. 141-81
Resolution Authorizing the fil-
ing of an Amendment to Section
5 Applieatlon ~IA-05-0009) with
the Department of Transporta-
tion, United States of America,
for a Grant under the Urban
Mass Transportation Act of
1964, as Amended.
WHEREAS, the Secretary of
Transportation is authorized to
make grants for mass transporta-
tion projects:
WHEP~EAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
cluding the provision by it of the
local share of project costs;
WHEREAS, it is required by the
U.S. Department of Transportation
in accord with the provisions of Ti-
ff the Civi! Rights Act of 1964,
that in connection with the filing
of an amendment to an appllca-
tion for assistance under the Urban
Mass Transportation Act of 1964, as
amended, the applicant give an
assurance that it will comply with
Title VI of the Civil Rights Act of
1964 and the U.S. Department of
Transportation requirements
thereunder; and
WHEREAS, it is the goal of the ap-
plicant that minority Business
enterprise be utilized to the fullest
extent possible in connection with
these projects, and that definitive
procedures shall be established
and administered to ensure that
minority businesses shall have the
maximum feasible opportunity to
compete for contracts when pro-
curing construction contracts, sup-
plies, equipment contracts, or con-
sultant and other services;
by the City Council of the City of
Dubuque, Iowa:
Section L That the Mayor of the
City of Dubuque is authorized to
execute and file an amendment to
an application on behalf of the
City of Dubuque with the U.S.
Department of Transportation, to
aid in the financing of the pu~
chase of additional shop ~oole and
office equipment pursuant to Sec-
tion 5 of the Urban Mass Transpo~
f1964, as amended.
Section 2. That the Mayor of the
City of Dubuque is authorized to
execute qnd file with such amend-
ment t'o an upplication an
required by the U.S. Department
of Transportation effectuating
the purposes of Title VI of the Civil
Regular Session, June 1,1981
207
Rights Act of 1964.
Section 3. That William Kohler,
Transit Manager, is authorized to
furnish such additional informa-
tion as the U.S. Department of
Transportation may require in
connection with the application
amendment or the projec~
Section 4. That the Mayor of the
City of Dubuque is authorized to
set forth and execute affirmative
minority business policies in con-
nection with the project's pro-
Section 5. That the Mayor of the
City of Dubuque is authorized to
said agreements on behalf of the
City of Dubuque with the U.S.
Department of Transportation for
aid in the financing of capital
assistance projects.
Passed, aproved and adopted
this 1st day of June, 198L
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved
adoption of the Resolution.
Seconded by Council Member
Felderman. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell,
Felderman,Pratt. Nays--None.
Communication of City Manager
submitting Resolution authorizing
Mayor to sign the Stipulation of
Bargaining Unit submitted by the
General Drivers and Helpers Union
requesting to represent certain
employees in the City, Presented
and read.
Council Member Felderman mov-
ed that the communication be
received and filed. Seconded by
Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman,
Pratt.
Nays--None.
RESOLUTION NO. 142-81
Resolution Authorizing the
Mayor to sign a Stipulation of
Bargaining Unit
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act,
Chapter 20, Code of Iowa, 1975;
and
WHEREAS, the City of Dubuque is
a public employer within the
meaning of Section 3(1), of the
Public Employment Relations Act;
and
WHEREAS, the General Drivers
and Helpers Union, Local 421, is an
employee organization within the
meaning of Section 3 (4) of the
Public Employment Relations Act;
and
WHEREAS, the General Drivers
and Helpers Union, Local 421, has
submitted a petition to the Public
Employment Relations Board re-
questing to bargain collectively
with certain public employees in
the City of Dubuque; and
WHEREAS, the parties have reach-
ed a tentative agreement as to
what constitutes an appropriate
unit for purposes of collective
bargaining within the meaning of
the Public Employment Relations
Act.
NOW THEREFORE, BE IT RESOLVED
by the City Council of the City of
Dubuque, Iowa:
That the Mayor be authorized to
sign the attached Stipulation of
Bargaining Unit.
Passed, approved and adopted this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Frommelt In-
dustries, Inc. submitting application
for prior approval of tax exemption
under Ordinance No. 70-79 (Sec. 35-12,
Code of Ordinances, as required by
contract dated April 4, 19814
presented and read.
Council Member Felderman moved
that the communication be referred to
the Corporation Counsel and Staff for
proper processing. Seconded by Coun-
cil Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
208
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Ordinances designating
the Washington Street Urban Revitel
izatinn Area, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Farreli, Felderman, Pratt.
Nays--Council Member Brady.
Msgr. Sigworth of 1235 Mt. Loretta
St. addressed the Council stressing
the problems and goals of the people
within the Washington Street area.
John J. IHank) Waltz, 1552 Maple
St., requested that the Council plea. se
reconsider the designated area pein-
ting out that businesses are transitory
in nature whereas residences are not,
and this specific area is over 80%
residential, and thinks everything
possible should be done to aid them in
koe.~ing and upgrading their
Mr. Don Gagne, 1214 Jackson,
thought that the specified lines of area
are wrong, and feels that by not in-
cinding this area, it is deseriminatory.
Mr. Harrison Lochner, of Dubuque
Elec. Motor Service, pointed out that
by siding his building, it definitely in-
creased his taxes.
An Ordinance Establishing the
Washington Street Urban Revitaliza-
tlonArea Plan pursuant to the re-
quiremente of House File 81, enacted
by the 68th General Assembly of the
State of Iowa. presented and read.
Council Member Felderman moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor Ring, Council Mem-
bers Farreli, Felderman, Pratt.
Nays-Council Member Brady.
Communication of City Manager
submitting response to petition of
Mike Steve and recommending not to
challenge the findings of the Plumbing
Bd., presented and read.
Attorney Doug Pierce, representing
Mike Steve. pointed out that in the
past, tests were scored differently and
also that there definitely should be an
answer sheet, as the criteria necessary
to pass this test should be public.
Council Member Felderman moved
that the communication be received
Regular Session, June 1, 1981
lnd filed and recommendation approv-
ed.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Pratt moved that
the passing score should be an average
of hree scores and instruct the
Plumbing Bd. to maintain the test.
Seconded by Council Member Brady.
Vote on the motion was as follows:
Yeas--Council Members Brady.
?ratt.
Nays--Mayor Ring, Council Mem-
bers Farreil, Felderman.
MOTION FAILED TO PASS.
Council Member Farrell moved that
the Manager recommend back to the
Plumbing Bd. that he be allowed to
receive a temporary license until he
retakes the test at the scheduled
meeting time in July. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Council Members Brady,
Farrell, Pratt.
Nays--Mayor King, Council Mem-
ber Felderman.
Communication of City Manager
submitting follow-up to petition of
Resurrection Church and Carl
Burbach for sanitary sewer extension
and recommending to proceed with
Special assessment for the project and
Corporation Counsel to institute emi-
nent domain proceedings for above
project, presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed and to proceed with special
Seconded by Council
Member Felderman. Carried by the
following vote:
Yeas--Mayor Ring, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 143.81
WHEREAS, the City of Dubuque,
Iowa, has been negotiating with the
owners of record of those properties
through which the Resurrection
Sewer will traverse;
and
WHEREAS, the City of Dubuque
has not been able to negotiate a sale
and purchase price on ail of the con-
struction easements necessary for the
project; and
WHEREAS, the City of Dubuque
finds and determines that Eminent
Domain Proceedings should be in-
stituted to arquire said construction
easements by the City of Dubuque,
Iowa.
Regular Session, June 1,1981
209
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1, That Eminent Domain
Proceedings be instituted forthwith by
the City of Dubuque, Iowa, for the ac-
quisition of construetlon easements
through the properties listed in the
City Manager's memorandum of May
26, 1981, for the construction of the
Resurrection Church Sanitary Sewer,
and that the Corporate Counsel be and
is hereby ordered and directed to in-
stitute said Eminent Domain Pro-
voidings forthwith for and on behalf of
the City of Dubuque,
Section 2. That the Corporate
Counsel be and is hereby directed and
empowered to do any and all things
necessary and incidental to said Emi-
nent Domain Proceedings.
Passed, Approved and Adopted this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council
Members Brady, Farreli, Felderman,
Pratt.
Nays--None.
Communication of City Manager
recommending preliminary approval
to vacate a portion of Dunning Street
as requested by Ford Nesler,
presented and read.
Council Member Felderman moved
that the communication be received
and filed and recommendation approv-
ed. Seconded by Council Member
Farrell. Carried by the renewing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting agreement providing for
50% of Iowa D.O.T. funding for the
21st Street Radius Improvement,
presented and read.
Council Member Pratt moved that
the communication be received and fil-
ed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 144-81
Resolution Authorizing Execution of
an agreement between the city of
Dubuque, Iowa, and the Iowa Depart-
ment of Transportation relating to the
21st Street Radius Improvement.
That the attached agreement
number 81-U-027 with the Iowa
Department of Transportation, two
copies of which are attached, be ap-
proved, and that the Mayor and the
City Clerk be and they are hereby
authorized and directed to execute the
agreement for and on behalf of the Ci-
ty Council.
Passed, Approved and Adopted this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager ed-
vising of completion of Bell Street
Storm Sewer and recommending ac-
ceptance, presented and read.
Council Member Farrell moved that
the communication be received and Iff-
ed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(A Resolution Accepting Improve-
ment)
City of Dubuque, Iowa
RESOLUTION NO. 145-81
WHEREAS, the contract for the
Bell Street Storm Sewer has been com-
pleted and the City Manager has ex-
amined the work and filed his cer-
tificate stating the the same has been
completed according to the terms of
the contract, plans and specifications
and recommends its acceptance, now
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
nnprovement be and the same is
hereby accepted
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of Community Development
210
Fund bonds issued upon the above
described improvement in amount
equal to the amount of his contract,
less any retained percentage provided
for therein.
Passed, Adopted and Approved this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moVed
adoption of the Resolution Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION NO. 146-81
WHEREAS, the contract for the
Bell Street Storm Sewer has been com-
pleted and the City Engineer has sub-
mitted his final estimate showing the
cost thereof including the cost of
,estimates, notices, inspection and
~preparing the assessment and plat,
now therefore,
BE IT BESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $134,836.01.
That $ None of the cost thereof shall
be assessable upon private property
and $134,836.01 shall be paid from the
Community Development Fund of the
City of Dubuque.
Passed, adopted and approved this
1st day of June 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoptinn of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting agreement providing the
City of Dubuque to construct the
Radford Road Sanitary Sewer upon
property owned by the Illinois Central
Guld Railroad Company and recom-
mending execution of agreement,
presented and read.
RegularSess.___.~ion Junel, 1981
Council Member Felderman moved
that the communication be recelved
and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldarman, Pratt.
Nays--None.
RESOULTION NO. 147-81
WHEREAS, the City of Dubuque,
Iowa, shall be constructing the Red-
ford Road Sanitary S~wer; and
WHEREAS, portions of the project
are located on property owned by the
Illinois Central Gulf Railroad; and
WHEREAS, it is necessary to ob-
tain the permission of the Illinois Cen-
tral Gulf Railroad for said installation
on their properties.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: that
Section L The attached agreements,
P5917, dated July 16, i980, and P6008,
dated December 9, 1980, be approved,
and that the Mayor be and is hereby
authorized and directed to execute
said agreements for and on behalf of
the City Council
Passed, Approved and Adopted this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communicatinn of City Manager
submitting Resolution approving ac-
ceptance of Warranty Deed from
Asbury Square, Inc, presented and
read.
Council Member Pratt moved that
the commuhica~ion be received and ill-
ed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Cbuncfl Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None,
RESOLUTION NO. 148-81
WHEREAS, the City of Dubuque,
Iowa has been negotiating with
Asbury Square, Inc. for the acquisi-
tion of certain real estate for the
Regular Session, June 1, 1981
211
widening of J. F. Kennedy Road; and
WHEREAS, the City of Dubuque,
Iowa and Asbury Square, Inc. have
amicably settled the dispute relating
thereto; and
WHEREAS, Warranty Deed of
Asbury Square, Inc, conveying to the
City of Dubuque, Iowa the following
described real estate:
Lot 2 of Block 3, Lot 2 of Lot 14A of
Block 2, and Lot 2 of Lot 14 of Block
2, ail in Westchester Subdivision in
the City of Dubuque, Dubuque
County, Iowa according to recorded
plats thereof should be approved
and delivery thereof accepted,
NOW THEREFORE BE IT
RESOLVED BY the City Council of
the City of Dubuque, Iowa:
Section 1. That Warranty Deed by
Asbury Square, Inc. Conveying the
hereinabove described real estate to
City of Dubuque, Iowa,. be and the
same is hereby approved and delivery
thereof is accepted and the recording '
of said deed be and the same is hereby
ratified and approved.
Section 2. That the City Clerk is
hereby directed to file a certified copy
of this Resolution in the offices of the
City Assessor, the Dubuque County
Recorder and the Treasurer of Dubu-
que County, Iowa.
Passed, Approved and Adopted this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farroil, Feldarman, Pratt.
Nays--None.
Communication of City Manager re-
questing Council to approve annual
rental agr~ment between City and
Five Flags Theatre Company for use
of Five Flags Theatre, presented and
read.
Council Member Felderman moved
to approve the agreement. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Feldarman, Pratt.
Nays--None.
Communication of City Manager
submitting supplementary report and
reconnnendad action of George Con-
nelly property at 1750 Miller Rd.,
presented and read.
George Conneily of 1750 Miller Rd.
submitted contractor bids for further
completion of his building and re-
quested further delay.
Council Member Pratt moved that
the communication of the Mgr. be
received and filed and action be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
Petition of Tom & Joanna Bimrose,
Laurence L. Michalik and Richard C.
Henshel requesting Council to affirm
the recommendation of the City
Manager and Staff regarding property
at 1750 Miller Rd., presented and read.
Council Member Pratt moved that
the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farreil, Felderman. Pratt.
Nays--Council Member Brady.
Communication of P & Z submitting
Resolutions approving plats of Lot
1-2-2-1 of M.L. 207 and Lot 1-10 of
Block I of Roy Ney Subdivision and
Lots 5-9 of Block 6 of "Clarke Crest
Estates", presented and read.
Council Member Pratt moved to
receive and file the communication.
Seconded by Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION 149-81
A Resolution approving the Plat of
the subdivision of Lot 1 of Lot 2 of Lot
2 of Lot 1 of Mineral Lot 207 and the
subdivision of Lot 1 of Lot 10 of Block
1 of Roy Ney Subdivision, all in the
City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division of Lo~~ 1 of Lot 2 of Lot 2 of
Lot 1 of Mineral Lot 207 and the Sub-
division of Lot 1 of Lot 10 of Block I of
Roy Ney Subdivision, aH in the City of
Dubuque, Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW,THEREFORE, BE IT
RESOLVED BY the City Council of
the City of Dubuque, Iowa:
Section 1. That the plat of the Sub-
division of Lot 1 of Lot 2 of Lot2 of Lot
I of Mineral Lot 207 and the Subdivi-
sion of Lot I of Lot 10 of Block 1 of Roy
Ney Subdivision, all in the City of
Dubuque, Iowa be and the same is
hereby approved, and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said plot.
Passed, Adopted and Approved this
1st day of June, 1981
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 15~$1
Resolutinn approving the Flat of Lots
5-9 inclusive of Block 6 of "Clarke
Crest Estates" in the City of Dubu-
que, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division to be known as Lots 5-9 in-
clusive of Block 6 of "Clarke Crest
Estates" in the City of Dubuque,
Iowa; and
WHEREAS, upon said plat appear a
street to be known as Ney Court,
together with certain public utility
easements which the Owners by said
plat have dedicated to the public
forever; and
WHEREAS, said plat has been ex-
amlned by the City Planning and Zon-
ing Commission and had its approval
thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to.
statutes and ordinances relating
thereto, except that the street has not
been brought to grade, or lighting
standards, paving, sewer or water in-
stalled;
NOW THEREFORE, BE IT
Regular Session, June 1,1981
RESOLVED BY the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedication of Ney
Court together with the casements for
public utilities as the same appear
upon said plot, be and the same are
hereby accepted;
Section 2. That the plat of Lots 5-9
inclusive of Block 6 of "Clarke Crest
Estates' in the City of Dubuque, Iowa
be and the same is hereby approved
and the Mayor and City Clerk are
hereby authorized and directed to on-
dorse the approval of the City of Duha-
quo, lowo, upon said plot, provided the
owners of said property herein named,
hereto attached agreeing;
(al To reduce ail street to grade and
to construct Ney Court with 10" of
rolled stone base and 3" of bituminus
~f Portland Cement Con-
crete pavement with integral curb and
gutter, All of the foregoing shall be
constructed according to the lotest
City of Dubuque Standard specifica-
tions;
(b) To install sanitary sewer mains
dance with plans submitted with the
plot;
(c) To install water mains and water
service laterals in accordance with
submitted with the plot;
(d) To install strom sewers and eat-
ehbasins in accordance with plons sub-
mitred with the plot;
(e) To install concrete sidewalks as
required by Ordinances, and where
directed by the City Engineer and the
City Manager;
(f) To install in accordance with City
specifications, boulevard street
lighting within "30" days after the
completion of the adjacent curb and
gutter within any particular section of
the proposed Subdivision;
(g) To constr, ct the foregoing im~
provements in accordance with plons
and specifications approved by the Cf-
ty Manager, under the inspection of
the City Engineer, and in a manner ap-
, the City Manager;
(h) To construct said improvements,
except sidewalks and street lighting
prior to Nov. 1, 1982 and to construct
the sidewalks and street lighting prior
to Nov. 1, 1983;
(i) To maintain the foregoing ira-
provements for a period of four (4)
years from the date o[ their acceptance
by the City of Dubuque, Iowo;
O) To Provide the foregoing construe
tion and maintenance at the sole ex-
Regular Session, June 1,1901
213
pense of the subdivider Dubuque Land
Development Ltd. as owner,.
and further provided that said Dubu.
quo Land Development LtcL, as owner
of said Subdivision, secure the perfo~
mance of the foregoing conditions by
providing security in such form and
with such sureties as may be aecep-
table to the City Manager.
Section 3. That in the event the
owner, Dubuque Land Development
Ltd, shall fail to execute the accep.
tanee and furnish the security provid-
ed for 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 acceptance of
the dedication and approval of the plot
shall not bv effvctive.
Passed, Adopted, and Approved this
1st day of June, 1981.
D, Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 150-81
We, the undersigned Dubuque Land
Development, Ltd. having read the
terms and conditions of the foregoing
Resolution No. 150-81 and being
familiar with the condition thereof ,
hereby accept the same and agree to
the condition required there'm,
Dated at Dubuque, Iowa this 1st
day of June, 1981.
Dubuque Land Development, Ltd.
By Edward Tschiggfrie, Pres
By
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None,
Corporation Counsel Russo inform-
ed Council that he is s~'dl awaiting the
outcome of the Eighth Circuit Court
relative to the decision of the Drug
Paraphernalia Ordinance before advis-
lng on the adoption of same.
Communication of City Manager
subm[ttlng Ordinance providing for
the dissolution of the Housing Rehab-
ilitation Commission and reassigning
its duties to the Conununity Devel-
opment Commission, presented and
read.
Counc'd Member Pratt moved that
the communication be received and fil-
ed. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreil, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 31-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 13, SEC
TION 14 (a), AND SECTION 14 (b) OF
ARTICLE II, OF CHAPTER 11~
THEREOF AND ENACTING A
NEW SECTION 13, SECTION 14
AND SECTION 14 (b) IN LIEU
THEREOF, PROVIDING FOR THE
ABOLISHMENT OF THE HOUS-
ING REHABILITATION COMMIS-
SION AND REASSIGNING ITS
MONITORING AND APPEAL
FUNCTION, presented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Counefl Member Farreil. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farrell, Carried by
the foilowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 31-81
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
BY REPEALING SECTION 13,
SECTION 14 (a), AND SECTION
14 (b) OF ARTICLE II, OF CHAP-
TER I1 1/2 THEREOF AND
ENACTING A NEW SECTION 13,
SECTION 14(a) AND SECTION
14(b) IN LIEU THEREOF PRO-
VIDING FOR THE ABOLISH-
MENT OF THE HOUSING
REHABILITATIONCOMMIS-
SION AND REASSIGNING ITS
214
MONITORING AND APPEAL
FUNCTION
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuqne, Iowa,
is hereby amended by repealing Sec-
tion 13, Section 14(a) and Section (b)
of Article II of Chapter 11 1/2 and
enacting a new Section 13, Section
14(a) and Section 14(b) in lieu thereof
as follows:
"CHAPTER 11 1/2, ARTICLE II.
Sec. 11 1/2-13. Responsibility gen-
erally; reliance on neighborhood
m-ganization.
(a) The Community Development
Commission is charged with the
development of the community
development program based on iden-
tifiable community development
needs and objectives through the
involvement of residents likely to be
affected by community development
and housing activities, the private
sector, and local government, for
submission to the City Council for
their consideration.
(b) The neighborhood organization in
the community development organi-
zational structure is the basic
grassroots structure for analyzing
problems, recommending objectives
and suggesting program strategy. The
Community Development Commie-
sion will rely heavily on the neigh-
borhood organization input when
developing and evaluating the total
community development program.
(c) Additionally, the Community
Development Commission is to per~
form certsin functions relating to the
conservation and rehabilitation of the
housing stock of the City; by moni-
tofing performance of the Housing
Rehabilitation Program, by acting as
an appeals board for program appli-
cants and contractors; and by
reviewing qualifications of contrac-
tors desiring to bid on rehabilitation
work.
Sec. 11 1/2-14. Membership, terms of
office and Community representa-
tion; attendance at meetings, vacan-
cies in office; employment, service
restrictions; compensation.
(a) The Community Development
Commission shall have a membership
of nine (9) persons as described
hereinafter who shall be appointed by
the City Council for a period of three
(3) years. Three (3) of the initial
appointments shall be for a one-year
term, tin*ce (3) of such appointments
shall be for a term of two (2) years,
Regular Session, June 1,19~1
and the balance of appointments
shall be for a term of three (3)
years.
The member representing the
Housing Commmission shall be
nominated for appointment to the
Community Development Commis-
sion by his/her commission, and
as a member of the
Community Development Commis-
sion for a term coinciding with the
term set forth by the Housing Com-
Upon completion of their terms of
office, members shall continue to
serve in their full capacity until'their
successors have been duly appointed.
The City Council shall solicit recom-
mendations from representative orga-
nizations, agencies and the public
before making such appointments.
b) The membemhip of the Commu-
~fity Development Commission shall
at all thaes include the following rep-
1) Four (4) representatives from tar-
get areas, but not more than one (1)
from any organized area.
(2) Four (4) at-large members.
(3) One (1) housing commission mem-
(4) At least two (2) members listed
above from low and moderate income
househokls as defined by the United
States Department of Housing and
Urban Development.
(5) No less than four (4) nor more
than five (5) from the total of all
target areas.
The City Council will review the
the Commission
to insure that it maintains a
fair representation of the community.
Section 2. That the foregoing
amendment has been heretofore
approved by the Housing Rehabilita-
tion Commission and the Community
Development Commission.
Passed, approved and adopted this
let day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published of~cially in the Telegraph
Herald newspaper this 9th day of June,
Mary A. Davis
City Clerk
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
Regular Session, June 1, 1981
215
bors Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Sue Lent resign-
ing from Playground and Recreation
Commission, presented and read.
Council Member Pratt moved that
the resignation be accepted with
regret. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 151-81.
BE IT RESOLVED, By the City
Council Of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, bo granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
A & B Tap 2600 Central Ave.
Astroid 1007 Main St.
Bishop Buffet Kennedy Mall
Bucko's West Inc. 925 Century Dr.
C K of Dubuque, Inc. Country Kitchen
3187 University Ave.
Casey's General Store 4003 Peru Road
Casey's General Store
2699 Rockdale Road
Chateau Supper Club
3750 Central Ave.
Clark Service Station No. 478
1005 Dodge Street.
The Dip Tap 1689 Elm Street
Dodge House Motel 701 Dodge St.
The Dubuque Building
i Dubuque Plaza
Dubuque Inn Best Western
3434 Dodge Street
E1 Toro Lounge 1445 Central Ave.
Eska Corporation 2400 Kerper Blvd.
Fourth Street Cafe 120 West 4th St.
Happy's Place, Inc. 2323 Rcckdale Rd.
Hardee's Drive Inn 703 Dodge St.
Hoffman House Restaurant
3100 Dodge Street
Imperial Lanes, Inc.
3505 Stoneman Read
Jay's Quality Meats and Beverages
3345 Hillcreet Rd.
K C & S 4th and Main Streets
Leonard ell Company 1387 Dodge St.
Monte Carlo 378 Main Street
Montgomery Ward 555 J. F. Kennedy
Nabors Drug 1920 Elm Street
Nash Finch Company
J. F. Kennedy Road
Neighbor's Tap 1899 Rcckdala Rd.
Perkins Cake and Steak
3500 Dodge Street
Pride Service Inc. 280 Locust St.
Pride Service Inc. 2175 Central Ave.
R & S Enterprises, Inc.
485 Central Ave.
Reberts Food Service 62 Locust St.
Sfikas Restaurant & Lounge
401 Central Ave.
Sport Page 1700 Central Ave.
Ted's Meat-ing Place
1278 Cental Ave,
Ted's Tap 385 E. 13th Street
Thompeen's Food Market No. 1
250 West let Street
The Tunnel Tavern 2186 Central Ave.
Wagner's Plaza 20 DX Plaza 20
Cremer Grocery Company, Inc.
731 Rhomberg Ave.
Maid Rite Restaurant
I15 West llth Street
Marc's Big Boy - Dubuque
2600 Dodge Street
Wareco 700 Rhomherg Ave.
Wartburg Food Service
2570 Asbury Road
Vivian Heinz Oky Doky No. 7
3301 Pennsylvania Ave.
Earl Schunmcher Oky Doky No.5
2204 Central Ave.
Fenelon Finer Foods Rest, Inc.
3130 Jackson Street,
Passed, Adopted and Approved this
1st day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nay--None.
RESOLUTION NO. 152-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be cc-
cupied by such appliants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Men-
216
ager be authorized to cause to be is-
sued to the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Kevin McGiffin's Kitchen, Inc.
3500 Dodge St.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Earl E. and E. Thomas Schumacher
250 West 1st St.
~Also Sunday Sales)
Cremer Grocery Company, Inc.
731 Rhomberg Ave,
(Also Sunday Sales)
Passed, adopted and approved this
1st day of June 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Farreil moved
adoption of the Resolution. Seconded
by Council Member Feldarman. Car-
fled by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 153-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be o.c-
cupied by such applicants were m-
epected and found to comply with the
State Law and ail City Ordinances tel.
evant thereto and they have filed pro-
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is*
sued to the following named appil-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
American Legion Post
1306 Delhi St.
Riverside Bowl 1860 Hawthorne St.
(Also Sunday Sales)
Milton E. Schwartz 574 E. 16th St.
(Also Sunday Sales)
Passed, adopted and approved this
let day of June 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Felderman moved
Regular Session, June 1, 1981
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Abstain--Council Member Brady on
Legion only,
Application from Judith Ann Schiel
dib/a Old German Bank requesting
of Liquor License from 342
Main St. to Town Clock Plaza 6th and
Main Streets on June 6 & 7th, pre-
sented and read.
Council Member Farrell moved that
the transfer be approved. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Farrell moved that
they accept the City Clerk Evaluation
Form, and request completion within
two weeks. Seconded by Council Mem-
ber Felderman. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that legal opinion from Corporation
Counsel be sought regarding the issu-
ance of the temporary Master Plumb-
er's License for Mike Steve. MOTION
DIED FOR LACK OF A SECOND.
Council Member Brady moved that
Staff be directed to draw up appro-
priate Ordinance granting temporary
license(si. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Council Members Brady, Far-
roil, Pratt.
Nays--Mayor King, Council Mem-
bet Felderman.
MINUTES SUBMITTED: Airport
Comm. of 5-19; C.D. Comm. of 5-12;
Dock Comm. of 5-12 & 5-19; Elec. Ex.
Bd. of 5-12; Historical Pres. Comm. of
5-12; Mechanical Bd. of 5-5; Park Bd.
of 5-8; Public Library of 5-13; Rec.
Corem. of 4-13 & 5-11; Transit Bd. of
4-29; P & Z of 5-20, presented and read.
Council Member pratt moved that
the minutes be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS: Winifred
M. Fransen, in an undetermined amt,
Regular Session, June 1, 1981
217
for personal injuries; Ann P. Latenser,
in undetermined amt. for personal in-
juries; Roy P. Mangeno, $5,567.86 for
backed-up sewer damages; Elizabeth
L. Moore, $149.80, for personal in-
juries; Pamela A. Muliin, in undeter-
mined amt. for car damages; Stephen
Wilson, $620.68 for car damages, pre-
sented and read.
Council Member Pratt moved that
the claims be referred to Corporation
Counsel for investigation and report.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corp. Counsel re-
commending settlement of personal in-
juries claim of Julie M. Peters, in
amount of $424.90, presented and
read.
Council Member Pratt moved that
the settlement be approved and
Finance Dir. to issue proper check.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Corp. Counsel re-
commending denial of tire damage
claim of Michael Budde, presented and
read.
Council Member Pratt moved that
the denial be approved. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Iowa D.E.Q. sub-
mitting Sewage Construction Permit
for Crescent Ridge Sanitary Sewer EX-
tension, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yea~--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None,
Petition of Kress Ltd. requesting re-
fund of $633.75 on Unexpired Liquor
License, presented and read.
Council Member Pratt moved that
the refund be granted and Finance Dir.
to issue broper check. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of Friendship Force
expressing appreciation for contribu-
tion to their 1981 Program, presented
and read.
Council Member Pratt moved that
the communication be received and
fried. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting monthly reports for month
of April, 1981; Proof of publication,
certified to by the Publisher, of List of
Claims and Receipts for month of
April, 1981, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the foilowing
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Pratt.
Nays--Council Member Felderman.
Mary A. Davis
City Clerk
Approved 1981
Adopted __ 1981
Council Members
ATTEST:
City Clerk
218
CITY COUNCIL
OFFICIAL
SPECIAL SESSION, JUNE 10,
1981
COUNCIL MET AT 4:30 P.M.
(C.D.T.)
PRESENT--MAYOR KING,
COUNCIL MEMBERS FARRELL,
FELDERMAN, PRATT. CITY MAN-
AGER W. KENNETH GEARHART,
CORPORATION COUNSEL B. N.
RUSSO.
ABSENT--COUNCIL MEMBER
BRADY.
Mayor King read the call and stated
that service thereof had been duly
made and tins Meeting is called for the
purpose to RECONSIDER THE AC-
TION TAKEN AT THE MEETING
OF JUNE 1, 1981, REGARDING PE-
TITION OF MIKE STEVE and act-
ing upon such other business winch
may come beIore the Council.
City Manager Gearhart requested
the Council to reconsider the action
taken by the Council on the Petition of
Mike Steve regarding the issuance of a
temporary Master's Plumbing Li-
cense, said action taken at the Meeting
of June 1, 1981 and again recom-
mended that the Council not challenge
the findings of the Plumbing Board.
Council Member Pratt moved to sus-
pond the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farreil, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Attorney Doug Pearce, representing
Mike Steve, addressed the Council and
requested them not to rescind their
previous action; Of opinion there still
is no answer to the questions on the
test; Questioned qualifications for tak-
ing ~ests and requested ins client be
granted a permanent license rather
than a temporary one. Attorney
Pearce stated that the Council does
have the power and authority to issue
license due to absence of Plumbing
Board (resignation from Plumbing
Board was received on June 3, 1981);
Of opinion that manner and matter
given to candidates at exam time is
unclear as to rather they must pass
whole or part of test when being taken.
Council Member Pratt issued a pub-
lic statement that he wished to extend
an apology to member, s of Plumbing
Board for overruling their action and
was of opinion the poUcie~ and guide-
Special Sessio=, June 10, 1981
lines must be established by the
Plumbing Board.
Council Member Pratt then moved
that the Council reconsider their ac-
tion taken at the Council Meeting of
June 1, 1981 regarding petition of
Mike Steve. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Farretl, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Council Member Felderman moved
;hat Council accept Manager's racom-
mendation not to challenge findings of
the Plumbing Board. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bets Farrell, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Communication of Central Engineer-
ing Company submitting a lease and
agreement to provide for the leasing of
a 2 acre area along the south side of E.
~6th Street on City Island; Area to be
used as a storage yard and plant site
to produce concrete requirements dur-
ing the construction of Dubuque ap-
preaches to the new Iowa-Wiscensin
Route 561 Bridge, presented and read.
City Manager Gearhart advised that
the area is not available.
Mr. Tom Nobis, President of Central
Engineering Co., spoke to the conunu-
nlcation and questioned why the man-
agar advised area is not available;
Stated there was the possibility of
buying concrete from Flynn Ready-
Mix but would not be as feasible as do-
ing their own.
Mayor K~ng advised the local oper-
ators are not able to compete; Ques-
tioned if Mr. Nobis bid the project
with the area being available?
President Nobis advised they would
be able to set a plant up some place
else but it would create more traffic on
Kerper Blvd.
Council Member Pratt was of
opinion we should try te keep our own
businesses working.
President Noble advised they would
be employing citizens of our city for
the work being done.
After further discussion, Council
Member Pratt moved that the commu-
nication of Central Engineering Com-
pany be received and f~ed and Council
support City Manager s recommenda-
tion that the area is not available.
Special Session, June 10, 1981
Seconded by Council Member Pelder-
man. Carried by the foLlowing vote:
Yeas--Mayor King, Council Mem-
bers Farreli, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
There being no further business
Council Member Felderman moved to
adjourn. Seconded by Council Member
Farrel. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
219
22O
Special Session, June 15, 1981
CITY COUNCIL
OFFICIAL
SPECIAL SESSION, JUNE 15,
1981
COUNCIL MET AT 7:30 P.M.
(C.D.T.)
PRESENT: MAYOR KING, COUN-
CIL MEMBERS BRADY, FAR-
RELL, FELDERMAN, CITY MAN-
AGER W. KENNETH GEARHART,
CORPORATION COUNSEL R. N.
RUSSO.
ABSENT: COUNCIL MEMBER
PRATT.
Mayor King read the call and stated
that service thereof had been duly
made and this meeting is called for the
purpose to conduct a Public Hearing
to consider an Ordinance providing for
speed limits on various streets within
the City and acting upon such other
business which may properly come be-
fore the Council.
PROCLAMATIONS: June 14th
thru July 14th as "Honor America"
June 29th thru July 5th as "Story-
book Hills Children's Zoo Week".
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing, to amend the Code of Ordi-
nances, to provide for speed limits on
various streets within the City, pre-
sented and read.
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Folderman.
Nays--None.
Absent--Council Member Pratt.
Petition of James Link et al (19
signers) requesting speed limits on
West 32nd St. between Highland Park
DRive & Kennedy Mall Rd. be reduced
from 35 mph to 30 mph, presented and
Council Member Feldermnn moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Kathleen Brooks et al (47
signers) objecting to raising the speed
limit on streets within the Bryant
School District namely: Grandview
Ave. from Mt. Carmel to Ungs St,,
Fremont Ave. from Simpson to city
limits, Rockdale Road ~rom Grand-
to Tower St., presented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman.
Nays--None.
~,bsent--Cooncll Member Pratt.
?etition of Mrs. James C. Nesler ob-
jecting to raising 'the speed limits on
South Grandview and the surrounding
residential streets, presented and read.
Council Member Felderman moved
that the petition be received and flied.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of Judy Reilly ex-
pressing support of the proposed revi-
sions of existing speed limits, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farreli. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Abeent--Cooncll Member Pratt.
Council Member Felderman moved
to suspend the rules to let anyone pre-
sent address the Council ff they so de.
sire. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman.
Nays--None.
Absent--Cooncll Member Pratt.
Petition of Frederik C. Timmermans
requesting to keep speed limit on
Rockdale Road at 25 mph, presented
read.
Mr. Timmecmans spoke to the peti-
tion.
Council Member Felderman moved
that the petition bo received and filed.
Seconded by Council Member Farreli.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Dubuque PTA Council
opposing proposal to raise speed limits
on designated streets, especially in
Special Session, June 15, 1981
221
residential areas, presented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Marllee Harmann, 2959
Penn., requesting that Pennsylvania
Ave. remain at 25 mph. Mrs. Harmann
spoke to the petition.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Orvis North et al (77
signers) requesting Council not raise
the speed limit on W. 32nd St. Mr.
North spoke to the petition.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farreil.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
David Gflchrist, of 1321 Tomahawk,
pointed out that a vehicle would save
less than one minute traversing S.
Grandview if the speed limit was rais-
ed.
Sherry Cheney, 379 S. Grandview,
as past president of Bryant PTA,
pointed out the proximity of several
schools to Grandview and that safety
of these children is most important.
Cathy Coyle, 1205 Adellne, present
President of Bryant PTA, stressed
safety of the children near the schools
and that some visibility on corners is
poor and traffic speed should not be in-
creased.
John Schrooder, 2255 Roosevelt St.,
presented a petition requesting that
the speed limit not be increased. Mr.
Schroeder spoke to the petition.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the fullowing.vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Tom Kies of 815 S. Grandview pre-
sented a petition requesting that the
speed limits not be increased on S.
Grandview. Mr. Kiee spoke to the peti-
tion and stated that S. Grandview is
used by so many children & adults for
walking, jogging etc.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farmll.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Abeent--Councll Member Pratt.
Mr. Paul Collins of 2765 Hickory
Hill spoke against raising the speed
limit on Carter Road.
David Jewett, 2650 N. Grandview,
presented a petition requesting that
the speed limits stay at 25 mph from
Kaufman to Balboa. Mr. Jewett spoke
to the petition.
Council Member Feldermnn moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farren, Felderman.
Nays--None.
Absent--Council Member Pratt.
Jim Schroeder of 1335 S. Grand-
view, noted that S. Grandview will be
used as a short cut for people getting
to work, rather than using the proper
arterial highway.
Thomas Ellwanger, 830 S. Grand-
view, presented a petition (88 signers)
objecting to increase in speed limits on
Grandview. Mr. Eliwanger spoke to
the petition.
Council Member Felderman moved
that the petition be received and filed:
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
John Kiauer of 1927 University re-
quested that the Council not approve
specific speed limit increases.
ORDINANCE NO. 32-81
An Ordinance of the City of Dubuque,
Iowa, Providing that the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by repealing Subsection {c) of
Section 25-220 of Division 4 of Chapter
25 of said Code and Enacting a new
Subsection (c) of Section 25-220 of Di-
vision 4 of Chapter 25 thereof provid-
lng that when signs are erected giving
notice thereof, the following shall be
the lawful speed on the streets or per-
tions thereof designated herein, said
Ordinance having been previously pre-
sented and read at the Council
Meeting of May 16, 1981, presented
222
for final adoption.
Council Member Brady moved that
final adoption of the Ordinance be
tabled. MOTION DIED FOR LACK
OF A SECOND.
Council Member Farreil moved that
the Council take the recommendations
and delete the specific streets from
speed limit change as requested by the
citizens. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman.
Nays--Council Member Brady.
Absent--Council Member Pratt.
ORDINANCE NO. 32-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, pROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY
REPEALING SUBSECTION (c) OF
SECTION 25-220 OF DIVISION 4 OF
CHAPTER 25 OF SAID CODE AND
ENACTING A NEW SUBSECTION
(c) OF SECTION 25-220 OF DIVI-
SION 4 OF CHAPTER 25 THEREOF
PROVIDING THAT WHEN SIGNS
ARE ERECTED GIVING NOTICE
THEREOF, THE FOLLOWING
SHALL BE THE LAWFUL SPEED
ON THE STREETS OR PORTIONS
THEREOF DESIGNATED
HEREIN.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Subsection
(c) of Section 25-220 of Division 4 of
Chapter 25 and enacting a new Sub-
section (c) of Section 25-220 of Divi-
sion 4 of Chapter 25 in lieu thereof as
follows:
"CHAPTER 25. DIVISION 4.
See. 25-220.
(c) When signs are erected giving
notice thereof, the following shall be
the lawful speed on the streets or per-
tions thereof designated herein:
(1) 15 miles per hour on the follow-
ing streets: Streets in Murphy, Eagle
Point and Flora Parks.
(2) 25 miles per hour on the follow-
ing streets: Central Avenue, 32nd
Street to its southerly terminus.
White Street, 4th Street to 12th
Street.
South Main Street, 5th Street to
Jones Street.
(3) 30 miles per hour on the follow-
ing streets:
Special Sessio~ June 15,1981
Asbury Road, University Avenue to
a point 500 feet west of St. Johns
Drive,
Cedar Cross Road, Starlite Drive to
Ace Avenue.
J.F. Kennedy Road, Sunset Park
Circle to 32nd Street.
Kaufmann Avenue, J.F. Kennedy
Road to Central Avenue.
West Locust Street, Clarke Drive to
16th Street.
Loras Boulvard, Bluff Street to Uni-
versity Avenue.
Peru Road, Railroad overpass to
Sheridan Road.
Rhomberg Avenue, Ehn Street to its
Northeasterly terminus.
Shiras Avenue, Rhomberg Avenue to
its northerly terminus.
West 32nd Street, Highland Park to
J.F. Kennedy Road.
University Avenue, Ninth Street to
Prysi Street.
Windsor Avenue, East 24th Street to
its northerly terminus.
Ninth Street, Bluff Street to Univer-
sity Avenue.
Central Avenue, 32nd Street to
Ruby Street.
(4) 35 miles per hour on the follow-
lng streets:
Asbury Road, from a point 500 feet
west of St. Johns Drive to City limits.
Cedar Cross Road, Ace Avenue to
Fremont Street.
Dodge Street, Locust Street to
Devon Drive.
Graudview Avenue, Ungs Street to
Kauflnann Avenue.
Grandvlew Avenue, Balboa Street to
32nd Street.
J.F. Kennedy Road, Dodge Street
(U.S. Highway 20) to Sunset Park Cir-
cie, and 32nd Street to City limits.
Radford Road, City Limits to City
Limit&
Wacker Drive, Dodge Street (U.S.
Highway 20) ~o J.F. Kennedy Road.
Kerper BoUlevard, Pine Street to
Hawthorne Street.
Lccust Street, Southern Avenue to
Dodge Street (U.S. Highway 20).
Pennsylvania Avenue, J.F. Kennedy
Road toCity limits.
Peru Road, Sheridan Road to Roo-
sevelt Road (Valley Road).
Roosevelt Road (Valley Road and
Pebman Road), Peru Road to a point
500 feet north of Amelia Drive.
East 16th Street, Karper Boulevard
to Sycamore Street.
West 32nd Street, Grandv~ew Ave-
nue to Highland Park.
University Avenue, Prys~ Street to
J.F. Kennedy Road.
(5) 40 miles per hour on the fallow-
lng s~reets:
Special Session, June 15, 1981
Central Avenue, Ruby Street to
Olympic Heights Road.
(6) 45 miles per hour on the follow-
lng streets:
Dodge Street (U.S. Highway 20),
Devon Drive to a point 1,000 feet west
of Century Drive.
Locust Street, Mt. Carmel Drive to
Railroad Avenue.
Peru Road, Roosevelt Road (Valley
Road) to City limits.
(7) 50 miles per hour on the follow-
lng streets:
Central Avenue, Olympic Heights
Road to City limits.
(8) 55 miles per hour on the follow-
' lng streets:
Dodge Street (U.S. Highway 20),
1,000 feet west of Century Drive to
City limits.
Kerrigan Road, Mt. Carmel Road to
City limits."
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance are hereby repealed and of
no further force or effect.
PASSED, ADOPTED, AND
APPROVED this 15th day of June,
1981.
D. Michael King, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 23rd day of
June, 1981.
Mary A. Davis
City Clerk
It 6/23
Council Member Felderman moved
final adoption of the Ordinance, as
amended. Seconded by Council Mem-
her Farrell. Carried by the following
223
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman.
Nays--Council Member Brady.
Absent--Council Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Code of Ordinances
to provide for the revision of Applica-
tion Fees for rezoalng, presented and
read.
There were no objections received
and no oral objectors prsssnt at the
time set for the Hearing.
Council Member Felderman moved
that the proof of publication be
eeived and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing voto:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
ORDINANCE NO. 33-81
An Ordinance of the City of Dubuque,
Iowa, Providing that the Ccde of Or-
dlnanees, City of Dubuque, Iowa, be
Amended by Revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa' by repealing Section
10-101, Table 10-101 Schedule of Fees
of Article X and Enacting a new Sec-
tion 10-101 Table 10-101 Schedule of
Fees of Article X in lieu thereof, prc-
viding for the revision of Application
Fees, said Ordinance having been pre-
sented and read at the Council Meet-
lng of May 18, 1981, presented for
final adoption.
ORDINANCE NO. 83-81
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED
BY REVIS-ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTION 10-101, TABLE 10-101 SCHEDULE OF FEES OF AR-
TICLE X AND ENACTING A NEW SECTION 10-101 TABLE 10-101
SCHEDULE OF FEES OF ARTICLE X IN LIEU THEREOF, PROVIDING
FOR THE REVISION OF APPLICATION FEES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be
amended by revising Appendix A thereof, also known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque, Iowa", by repealing Section 10-101, Table 10-
101 Schedule of Fees of Article X thereof, and enacting a new Section 10-101,
Table 10-101 Schedule of Fees of Article X in lieu thereof, as follows:
TABLE 10-101 - SCHEDULE OF FEES
FUNCTION FEE
1. Site Plan Review No Fee
2. Application for Certificate of Zoning No Fee
Compliance
3. Requests for Amendment to this No Fee
Ordinance (See Section 8-102 of thle
ordinance).
224
4. Planned Unit Development
Procedures (including requested
expansions of C-6 or ID Districts
subject to pUD procedures):
a. Preliminary Development Review
b. Final Development Plan Review
5, Requests for Reclassification of
Property:
a. Any reclassification request made
by a disinterested Commission or
Council member to correct an alleged
error or mistake.
b. All other substantial
reclassification requests as defined in
Section 8-103,3.
c. All other reclassification requests
not covered in a) or b) above.
6. Application for Variance
7. Appeals to the Board of Adjustment
from the decision of an Administrative
Special Session, June 15, 1981
$50, plus $10 for each acre or portion
thereof not to exceed $150.
$50, plus $1 per lot
$50, plus $10 for each acre or portion
thereof, not to exceed $150, plus notice
costs.
$40, plus notice costs.
$4O.OO
No Fee
Official
8, Application for Conditional Use $50.00
Permit · ~--~..* h.~ heretofore been approved by the
Section 2. That the foregoing ame.nu~xy)~ '~ L. ...... I a
Planning and Zoning Commission of the ul~;y oi ~uuuu-.~, _ow .
PASSED, APPROVED AND ADOPTED this 15th day of June, 1981.
D. Michael King, MAYOR
ATTEST:
Mary A, Davis
CITY CLERK ........ h Herald newspaper this 19th day of June,
Published officially m the ~e~e~a~
1981. Mary A. Davis, City Clerk
Council Member Feldecman moved dinances of the City of Dubuque, Iowa,
final adoption of the Ordinance. be Amended by Revising Chapter 34
Seconded by Council Member Farreli. thereof, also known as the "Subdivl-
Carried by the following vote: sion Regulations of the City of Dubu-
~4-19 of Article II thereof, to include a
Yeas--Mayor King, Council Mem- lue, Iowa" by enacting a new Section
bors Brady, Farreil, Felderman. fee Schedule for Subdivision Plat re-
Nays--None, view, said Ordinance having been pre-
Absent--CouncilMemberPratt. sented and read at the Council
Proof of publication, certified to by Meeting of May 18, 1981, presented
the Publisher, of Notice of Public for final adoption.
Hearing, to revise Chapter 34 of Code ORDINANCE 34-81
vf Ordinances to include a fee schedule
for subdivision plat roview, presented AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
and read. ING THAT THE CODE OF ORDI-
There were no objections received NANCES OF THE CITY OF
and no oral objectors present at the DUBUQUE, IOWA, BE
time set for the Hearing. AMENDED BY REVISING CHAP-
Council Member Felderman moved T E R 3 4 T H E R E O F, A L S O
that the proof of publication be re- KNOWN AS THE "SUBDIVISION
ceived and filed. Seconded by Council REGULATIONS OF THE CITY OF
Member Farreli. Carried by the follow- DUBUQUE, IOWA", BY ENACT-
lng vote: lNG A NEW SECTION 34-19, OF
Yeas--Mayor King, Council Mem- ARTICLE II THEREOF, TO
hers Brady, Farrell, Felderman. INCLUDE A FEE SCHEDULE
~ FOR SUBDIVISION
Nays--None. P L A T
Absent--Council Member Pratt. REVIEW.
ORDINANCE NO. 34-81
An Ordinance of the City of Dubuque' NOW, THEREFORE, BE IT
Iowa, Providing that the Code of Or- ORDAINED BY THE CITY COUN-
Special Sessio]~ June 15,1981
225
CIL OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Chapter 34
thereof, also known as the "Subdivi-
sion Regulation of the City of
Dubuque, Iowa", by enacting a new
Section 34-19, of Article II, as follows:
34.19
Application fee for subdivision plat
review required. No plat for any subdi-
vision or resubdlvislon shall be consid-
ered filed for review, unless and until
said plat is accompanied by a feel as
follows:
(1) Preliminary
Plats $50, plus $1 per lot
(2) Final Plats $40, plus $1 per lot
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED this 15th day of June,
1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 19th day of
June, 1981.
Mary A. Davis
City Clerk
It 6/19
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Falderman.
Naye--None.
Abcent--Couneil Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to vacate and dispose of inter-
est in Lot 38 in Grandvlew Heights
Subdivision in Dubuque, presented
and read.
Council Member Farreil moved that
the proof of publication ha received
and filed. Seconded by Council Mem-
her Falderman. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mom-
hars Brady, Fa*Tell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Myrtle I. Dockal 0! 1155
S. Grandview objecting to eal~ of Lot
38 in Grandview Heights Subd., pre-
sented and read.
Council Member Farceil moved that
the petition be received and filed.
Seconded by Council Member Folder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Foxrell, Feldecman.
Nays--Noue.
Absent--Council Member Pratt.
ORDINANCE NO. 35-81 -
An Ordinance approving the vacation
of Lot 38 in Grandview Heights Sub-
division, presented and read.
Council Member Farceli moved that
this reading be considered the first
reading of the Ordinance. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Council Member Farreli moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be disPensed with. Seconded
by Council Member Felderman. Cox-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Foxreli, Felderman.
Nays--None.
Ahaent--Councfl Member Pratt.
ORDINANCE NO. 35-81
AN ORDINANCE VACATING
LOT 38 IN GRANDVIEW
HEIGHTS SUBDIVISION
WHEREAS, Orlin Conlon has
requested the vacation of Lot 38 in
Grandview Heights Subdivision in the
City of Dubuque, Iowa; and
WHEREAS, Barrels LeMay, Haas
and William J. Byrne Engineering
Company has prepared and submitted
to the City Council a plat showing Lot
38 in Grandview Heights Subdivision;
and
WHEREAS, the City Council of
Dubuque, Iowa, has determined that
this lot is no longer required for public
use and the vacation of the lot for
street purposes should be approved.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said real estate
described as Lot 38 in Grandview
Heights~ Subdivision in Dubuque,
Iowa, be and the same is hereby
vacated.
Section 2. That the City Clerk be
and is hereby authorized and directed
226 Special Sessioe
to cause Notice of Intent to dispose
of said real estate in a manner as pre-
scribed by law.
Section 3. That the conveyance of
said lot to Orlin Conlon be and the
same is hereby approved upon pay-
meet of $600.00, and upon payment
of publication and filing fees.
PASSED, APPROVED AND
ADOPTED this 15th day of June,
1981.
D. Michael King, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
June, 1981.
Mary A. Davis, City Clerk
l t 6/22
Council Member Farreli moved finai
adoption of the Ordinance, as amend-
ed. Seconded by Council Member Fel-
derman. Carried by the foliowLag vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 154-81
WHEREAS~ pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circuia-
tion, published in the City of Dubuque,
Iowa on June 4, 1981, the City Council
of the City of Dubuque, Iowa met on
t,he 15th day of June, 1981 at 7:30
o clock (CDT~ P.M, in the City Council
Chambers, City Half, Dubuque Coun-
ty, Iowa to consider the proposal to
the vacation and sale of real estate
described as:
Lot 38 in Grandview Heights Subdi-
vision in the City of Dubuque, Iowa
to ORLIN CONLON; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to dipose of interest of
the City of Dubuque, Iowa in the here-
inabove real estate to the above-
named Grantee;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the disposal of and
interest and sale thereof in the real
estate known as Lot 38 in Gmndview
Heights Subdivision in the City of Du.
buque, lowa to ORLIN CONLON be
,and ghe same is hereby approved for
June 15,1981
the consideration of Six Hundred
($600.00) Dollars, plus payment of pub.
lication costs and filing fees; that the
conveyance shall be by Quit Claim
Deed and the said eonveyanea shall be
subject to and the City reserves unto
itself a perpetual easement in and over,
and acmes said real estate for public
utilities and in addition thereto, a 20
Dot perpetual easement for pedestrian
travel only, together with, and in-
eluding, the right of ingress and egress
thereto for the purposes of repairing
and maintaining said existing sewer
and public utilities and that no
abstract of title will be furnished,
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
ing the above described real estate to
the above named Grantee upon receipt
of the purchase price in full
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this Rase-
lution in the offices of the City Asses-
sot, County Recorder and Dubuque
County Treasurer.
Passed, approved and adopted this
15th day of June, 1981,
D. Michael King
Mayor
At,est:
Mary A. Davis City Clerk
Council Member Farrell moved
adoption of the Resolution, aa amend-
ed. Seconded by Council Member Fel-
darman. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farrell, Felderman.
Nays--None,
Absent--Council Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to amend Lease and Agree-
ment between City, Dock Commis-
sioners and Beecher Sand Ltd. for a
certain parcel of real estate fronting on
East 16th Street, presented and read,
There were no written objections
filed and no oral objectors present at
the time set for the Hearing.
Council Member Farrell moved that
the proof of publication he received
and flied. Seconded by Council Mem-
bet Felderman. Carried by the follow-
Lag vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarmae,
Nays--None.
Absent--Council Member Pratt,
Special Session, June 15, 1981
227
RESOLUTION NO. 155-81
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circu-
lation published on the 4th day of
June, 1981, in the City of Dubuque,
Iowa, the City Council of the City of
Dubuque, Iowa met on the 15th day of
June, 1981, at 7:30 o'clock P.M. (DST)
in the City Council Chambers in the
City Hall, Dubuque, Iowa to consider
the proposal to enter into an Amen&
meet to Lease and Agreement by and
between the Board of Dock Connnis.
sioners of the City of Dubuque, Iowa,
as Lessor, and Beecher Sand Ltd., as
Lessee an Iowa Corporation, for cer-
tain described real estate as follows:
A certain parcel of real estate front-
ing on East 16th Street, 200 feet in
length, and being 100 feet in dep~;h
abutting the existing Beecher Sar/d,
LTD. leased premises
a copy of which Amendment to Lease
and Agreement is hereto attached, and
by reference made a part thereof us
though fully set out herein; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to grant said Amendment
to Lease and Agreement under the
terms and conditions of said Amend-
ment to Lease and Agreement set out
therein;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the pmposal to enter
into an Amendment to Lease and
Agreement by and between the Board
of Dock Commissioners of the City of
Dubuque, Iowa and Beecher Sand
LTD., an lowa corporation, as lessee,
covering a tract of land fully described
in said Amendment to Lease and
Agreement a copy of which is at-
tached herein be and the same is here.
by approved under the terms and con*
ditions set out in said Amendment to
Lease and Agreement.
Section 2. That the Mayor and the
City Clerk be and they are hereby au-
thorized and directed to execute said
Amendment to Lease and Agreement
for and on behalf of the City of Du-
buque, lowa
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor
Passed, approved and adopted this
30th day of June, 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 156-81
A RESOLUTION DIRECTING PUB-
LICATION OF NOTICE OF INTEN-
TION TO INCREASE THE AU-
THORIZED AGGREGATE PRINCI-
PAL AMOUNT OF INDUSTRIAL
DEVELOPMENT REVENUE
BONDS (INLAND MOLASSES
COMPANY PROJECT) OF THE CI-
TY OF DUBUQUE, IOWA, FROM
NOT TO EXCEED $1,000,000 TO
NOT TO EXCEED $1,700,000, AND
CALLING A PUBLIC HEARING
ON THE PROPOSAL TO IN-
CREASE THE AUTHORIZED
AMOUNT OF SAID BONDS.
WHEREAS, the City of Dubuque,
Iowa (the "City") ia a municipal cor-
poration duly organized and existing
under and by virtue of the Constitu-
tion and laws of the State of Iowa, and
is authorized and empowered by Chap-
ter 419 of the Code of Iowa (the
"Act"), to issue Industrial Develop-
ment Revenue Bonds and loan the pro-
ceeds from the sale of said Bonds to
one or more acquiring, constructing,
improving and equipping a "Project"
as that term is defined in the Act, for
the purpose of securing and develop-
ing industry and trade within or near
the City in order to create jobs and
employment opportunities and to im.
~rove the economic welfare of the
residents of the City and of the State
of Iowa; and
WHEREAS, the City has previously
been requested by Inland Molasses
Company, an Iowa corporation (the
"Company"), to authorize and issue
not to exceed $1,000,000 in aggregate
principal amount of its Industrial De-
velopment Revenue Bonds Ilnland
Molasses Company Project) (the
"Bonds") pursuant to the provisions
of the Act for the purpose of defraying
all or a portion of the cost of an indus-
trial development project within said
City consisting of the expansion of the
228
existing facilities of the Company, in-
cinding the acquisition, cons. tr~..c.t, ion,
improving and equipping of bunamga
and improvements, and the acquisi-
tion and installation of macblnery and
equipment therein, all to be suitable
for use as a drying plant for drying,
prccesalng, storing and distributing
a 'cultural, manufactured, processed
and related products the Project ),
and
WHEREAS, the City. Council, pur-
suant to its Resolution No. 294-80 duly
adopted on October 6, 1980, author-
ized the execution of a Memorandum
of Agreement between the City and
the Company which Memorandum of
Agreement will expire on October 6,
1981, unless otherwlae extended by
mutual consent of the parties; and
WHEREAS, the City Council, pur-
suant to its Resolution No. 313-80 duly
adopted on October 20, 1980, sched-
uled a public hearing and provided for
the publication of notice thereof as re-
qdired by Section 419.9 of the Act; and
WHEREAS, the City Clerk duly
published such not~ce of the C~ty s
tentian to issue its Bonds, as directed
by the City Council, and a public hear-
lng was held on November 17, 1980,
and there being no objections to the
proposed issuance of said Bonds, the
City Council, by its Resolution No.
332-80 duly adopted on November 17,
1980, determined to proceed with the
necessary steps relating to the issu-
ance of said Bonds in an amount not to
exceed $1,000,000; and
WHEREAS, the City has now been
advised that, due to design changes
and increased costs, the amount necee-
sary to defray all or a portion of the
cost of acquiring, constructing, ira-
proving and equipping the Proj.e~,t
thereto, will require the issuance by
the City of not to exceed $1,700,000
aggregate principal amount of its
Industrial Development Revenue
Bonds pursuant to the provisions of
the Act, and it is proposed that the
City loan said amount to the Company
under a Loan Agreement between the
City and Company pursuant to which
loan payments will be made by the
Company in amounts suffic/ent to pay
the principal of, interest and premium,
if any, on said Bonds, as and when the
same shall be due; and
WHEREAS, the Company requests
that the City amend its prior proceed-
Special Seasion, June 15,1981
ings, resolutions and documents, in,
cluding the Memorandum of Agree~
ment, relating to said Bonds to in-
crease the previously authorized
amount of Bonds to not to exceed
$1.700,000 and to extend the expira-
tion date of the MemOrandum of
Agreement to October 6, 1982; and
WHEREAS, before the City Council
may approve such amend, ment? and
before the Bonds may be msuea, it is
necessary to conduct a public hearing
on the proposal to increase the author-
ized amount of the Bonds, ail as re-
quired and provided by Section 419.9
of the Act.
NOW, THEREFORE, Be It and It
Is Hereby Resolved by the City Coun-
of Dubuque, Iowa, as fol-
lows:
Section 1. That a public hearing shall
be conducted on July lt~ 1981, at Z'30
o'cloch P.M., befor~ this City Council
in the Council Chambers at the City
Hall in the City of Dubuque, lowa, on
the proposal to increase the authorized
aggregute principal amount of the
City's Industrial Development Reoa-
hue Bonds (Inland Molasses Company
project) from not to exceed $1,00i~aO~nt
o not to exceed $1,70(10~0, pursuan
to the provisions of the Act for the
purpose of defraying all or a portion of
the cost of a~quiring, constructing, ira-
' and equipping the Project i~
cladtng necessary expenses incidental
therato, and ali local residents who ap-
pear at sal~ hearing shall be given an
opportunity to exprass their views for
or against the proposal to issu~ surh
Bonds in tha incraaeed amoun~ and at
said hearing, or any adiournment
thereof, this City Council shall adopt a
Resolution dsterminlng whether or not
to proceed with the issuance of said
Bonds.
S~tion 2. That the City Clerh of the
City is hereby direeted to publish on~
time, not less than fifteen (15) days
prior to the date fixed for said hearing,
in the Telegraph Herald, a I~gal news-
! and having a gar~ral
circulation within the City, a Notice of
Intention to issue said Bonds in sub-
stuntlaliy the following form:
NOTICE OF PUBLIC HEARING ON
INTENTION TO ISSUE NOT TO
EXCEED $1,700,000 INDUSTRIAL
DEVELOPMENT REVENUE
BONDS (INLAND MOLASSES
COMPANY PROJECT)
Notice is hereby given that a public
council o~ the City of Dubuque, I~,
in tha Council Chambers at the Ci y
Special Session, June 15, 1981
229
Hail in said City at 7:30 o'clock P.M.,
on July 6, 1981, on the proposal to is-
sue not to exceed $1,700,000 principal
amount of the City's Industrial Dev-
elopment Revenue Bonds (Inland
Molasses Company Project), pursuant
to the provisions of Chapter 419 of the
Code of Iowa, for the purpose of de-
fraying ail or a portion of the cost of
acquiring, constructing, improving
and equipping an industrial develop-
ment project within said City, consist-
lng of the expansion of the existing fa-
cilities of Inland Molasses Company,
an Iowa corporation (the "Company"),
including the acquisition, construc-
tion, improving and equipping of
buildings and improvements, and the
acquisition and installation of machin-
ery and equipment therein, ali to be
suitable for use as a drying plant for
drying, processing, storing and distri-
buting agricultural, manufactured,
processed and related products {the
"Project"). After a public hearing duly
called and held pursuant to published
notice on November 17, 1980, the City
Council of Dubuque, Iowa, determined
to proceed with the necessary steps re-
lating to the issuance of the above-
referenced Bonds in an amount not to
exceed $1,000,000 to finance the Prc-
jest. The Company has now requested
that, due to design changes and in-
creased costs, the authorized amount
of Bonds be increased to an aggregate
principal amount of not to exceed
$1,700,000 and that a new public hear-
lng, as scheduled in this notice, be held
to consider such request.
The proposed facility will be owned
by the Company and it is contem-
plated that a Loan Agreement will be
entered into between the City and the
Company, under which the City would
loan to said Company the proceeds
from the sale of the Bonds in return for
loan payments from the Company suf-
ficient to pay the principal of, interest
and premium, if any, on such Bonds as
the same shall fall due.
Such Bonds, if issued, and the inter-
est thereon will be payable solely out
of the revenues derived from the said
Loan Agreement and shall never con-
stitute an indebtedness of said City
within the meaning of any state consti-
tutional provision or statutory limita-
tion, and shall not constitute nor give
rise to a pecuniary liability of said City
or a charge against its general credit
or taxing powers.
All local residents who appear at
said hearing shall he given an opportu-
nity to express their views for or
against the proposal to issue said
Bonds, and at said hearing, or any ad-
journment thereof, the Council of said
City shall adopt a resolution determin-
lng whether or not to proceed with the
issuance of said Bonds.
By Order of the City Council.
Mary A. Davis, Clerk of the
City of Dubuque, Iowa
Section 3. That the City Council
hereby reaffirms its approval of the
Project, gives preliminary approval to
the increase in the proposed amount of
its Bonds from not to exceed $1,000,000
to not to exceed $1,700,0~0, subject to
the public hearing to be conducted by
this City Council on July 6, 1981 pursu-
ant to duly published notice as re.
quired by Section 419.9 of the Act.
Section 4. That the Memorandum of
Agreement dated October ~ 1981, en-
tered into between the City and the
Company pursuant to Resolution No.
2944~0 is hereby amended by substitut-
lng the words "October 6, 1982" for
"October ~ 1981" in paragraph 4(a) of
said Memorandum of Agreement.
Section 5. That all Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such cor~
flic~ hereby repealed, and this Resolu-
tion shall be in full force and effect ira.
mediately upon its adoptior~
Adopted and approved this 15th day
of June, 1981.
D. Michael King
Mayor
Attest:
Mary A. Davis City Clerk
Council Member Felderman moved
final adoption of the Resolution with
direction to the City Manager to re-
view the present agreement with In-
land Molasses Co. Seconded by Coun-
cfi Member Farreli. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman.
Nays--Council Member Brady.
Absent--Council Member Pratt.
Communication of City Mgr. sub-
mitting documents for the vacating of
Garnet St. from Central to Jackson St.
as requested by Swiss valley Farms,
d/b/a Hilldale Division, presented and
read.
Council Member Felderman moved
that the communlcatinn be received
and fried. Seconded by Council Mem-
bar Farreil. Carried by the following
vote:
230
Yeas--Mayor King, COUncil Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 157-81
RESOLUTION APPROVING PLAT
OF VACATED GARNET AVENUE
FROM CENTRAL AVENUE TO
JACKSON STREET
WHEREAS, there has been pre-
sented to the City Council of the City
of Dubuque, Iowa, a plat dated June
10, 1981, prepared by Shive-Hattery
and Associates, covering vacated Gar-
net Avenue from Central Avenue to
Jackson Street; and
WHEREAS, sald plat conforms to
the laws and statutes pertaining there-
to;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa;
Section L That the plat dated June
10, 1981, prepared by Shive-Hattery
and Associates, covering the real es-
tare herein above described, be and the
same is hereby approved, and that the
Mayor and City Clerk be and they are
hereby authorized and directed to exe-
cute said plat for and on behalf of the
City of Dubuque, Iowa;
Section 2. That the City Clerk be and
is hereby authorized and directed to
file said plat and certified copy of this
Resolution in the office of the Recorder
in and for Dubuque County, lowv,
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
Mayor
Attest:
Mary A. Davis City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--Nona.
Absent--Council Member Pratt.
An Ordinance approving the vaca-
tion and sale of portion of Garnet Ave.
approx. 30' x 329.17' between 3ackson
St. & Central Ave. for the appraised
amt. of $6,908.00, presented and read.
Council Member Feldarman moved
that this reading be considered the
first reading of the Ordinance. Second-
ed by Council Member Farreil. Carried
by the following vote:
Special Session June 15, 1981
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Council Member Felderman moved
to set the Ordinance for Public Hear-
ing on July 6, 1981. Seconded by Coun-
cil Member Farreli. Carried by the fol-
lowing vote:
Yeas--Mayor King~ Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Mr. & Mrs. Thomas Uel-
ner et al (9 signers) requesting solution
to the condition of the sidewalks and
streets in the Orchard Hills area, pre-
sented and read.
Mr. Uelner spoke to the petition
stressing their willingness to cooper-
ate with the city.
Council Member Felderman moved
that the petition be received and filed
~nd action referred to the meeting of
July 6. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Petition of Mike Steve requesting to
address the Council regarding issu-
ance of Master Plumber's License, pre-
sented and read.
Council Member Farreil moved that
the petition be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of City Manager
submitting Collective Bargaining
Agreement between the City and the
Dubuque Association of Professional
Firefighters, Local -353, presented
and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
Special Session, June 15, 1981
ber Farreli. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 158-81
RESOLUTION ACCEPTING THE
PROPOSED AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE AS-
SOCIATION OF PROFESSIONAL
FIREFIGHTERS, LOCAL #353
AND AUTHORIZING THE MAYOR
TO SIGN SAID AGREEMENT
WHEREAS, the Sixty-Fifth Gener-
al Assembly adopted the Public Em-
ployment Relations Act, Chapter 20,
Code of Iowa; and
WHEREAS the City of Dubuque is
a public employer within the meaning
.of S.e. ction~ 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the Dubuque Associa-
tion of Professional Firefighters, Local
-353 is an employee organization with-
in the meaning of Section 3(4) of the
Public Employment Relations Act;
and
WHEREAS, the Dubuque Associz-
tlon of Professional Firefighters, Local
-353 submitted a request to bargain
collectively on behalf of employees
within its representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
merit has been concluded.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA THAT:
The terms of the proposed agree-
ment be accepted and the Mayor be
authorized to sign the attached Collec-
tive Bargaining Agreement.
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
231
Con~nunicatlon of City Manager
submitting Collective Bargaining
Agreement between the City and the
General Drivers & Helpers Union,
Local 421, presented and read.
Council Member Farreil moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO, 159-81
RESOLUTION ACCEPTING THE
PROPOSED AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE,
IOWA, AND THE GENERAL
DRIVERS AND HELPERS UNION,
LOCAL 421, AND AUTHORIZING
THE MAYOR TO SIGN SAID
AGREEMENT
WHEREAS, the Sixty-Fifth Gener-
al Assembly adopted the Public Em-
ployment Relations Act, Chapter 20,
Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
ment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local 421 is an
employee organization within the
meaning of Section 3(4) of the Public
Employment Relations Act; and
WHEREAS, the General Drivers
and Helpers Union, Local 421 sub-
mitred a request to bargain collective-
ly on behalf of employees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
ment has been concluded.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA THAT:
The terms of the proposed agree-
ment be accepted and the Mayor be
authorized to sign the attached Coilec-
tlve Bargaining Agreement.
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Farrell moved
232
adoption of the Reeelution. Seconded
by Council Member Felderman. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of City Mgr. sub-
mitring Collective Bargaining Agree-
ment between the City and the Inter-
national Union of Operating Eng'-
neers, Local -758, presented and read.
Council Member Felderman moved
that the conununica~ion be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 160-81
RESOLUTION ACCEPTING THE
PROPOSED AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE,
IOWA, AND THE INTERNATION-
AL UNION OF OPERATING ENGI-
NEERS, LOCAL #758, AND AU-
THORIZING THE MAYOR TO
SIGN SAID AGREEMENT
WHEREAS, the Sixty-Fifth Gener-
al Assembly adopted the Public Em-
ployment Relations Act, Chapter 20,
Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Sectlon 3(1) of the Public Employ-
merit Relations Act; and
WHEREAS, the International
Union of Operating Engineers, Local
-758 is an employee organization with-
in the meaning of Section 314) of the
Public Employment Relations Act;
and
WHEREAS, the International
Union of Operating Engineers, Local
-758 submitted a request to bargain
collectively on behalf of employees
within its representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
ment has been concluded.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA THAT:
The terms of the proposed agree-
ment be accepted and the Mayor be
authorized to sign tho attached Col-
lective Bargaining Agreement.
Special Session, June 15, 1981
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreil. Carried by
vote:
Yeas~Mayor King, Council Mem-
bers Brady, Farreli. Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of City Mgr. sub-
mltting Collective Bargaining Agree-
merit between the City and the Dubu-
que Policemen's Protective Aseecla-
tion, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farreli. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt,
RESOLUTION NO. 161-81
RESOLUTION ACCEPTING THE
AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE
POLICEMEN'S PROTECTIVE AS-
SOCIATION AND AUTHORIZING
THE MAYOR TO SIGN SAID
AGREEMENT
WHEREAS, the Sixty-Fifth Goner-
al Assembly adopted the Public Em-
ployment Relations Act, Chapter 20,
Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
nent Relations Act; and
WHEREAS, the Dubuque Police-
men's Protective Association is an em-
ployee organization within the mean-
lng of Section 314) of the Public Em-
ployment Relations Act; and
WHEREAS, the Dubuque Police-
men's Protective Association sub-
ly on behalf of employees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
meut has been concluded.
Special Session, June 15, 1981
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA THAT:
The terms of the proposed agree-
ment be accepted and the Mayor be
authorized to sign the attached Collec-
tive Bargaining Agreement.
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
MAYOR
Attest:
Mary A. Davis CITY CLERK
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of City Manager re-
commending to finance Police Arbltra-
tion Award by abolishing two Police
Officer positions effective July 1,
1981, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
Yeas--Mayor King, Council Mem-
bors Farreli, Felderman.
Nays--Council Member Brady.
Absent--Council Member Pratt.
RESOLUTION NO. 162-81
ABOLISHING TWO (2) POLICE OF-
FICER POSITIONS
WHEREAS, in August, 1980, the
Dubuque City Council concurred in
the City Manager's recommended fis-
cal year 1982 budget guidelines pro-
viding that salary increases over the
budgeted amount (7%) be financed
within the department of the benefit-
ting employees; and
WHEREAS, an arbitrator's award
entered on March 21, 1981, provided a
ten percent (10%) increase in wages ef-
fectlve July 1, 1981, for all employees
represented by the Dubuque Police-
men's Protective Association; and
WHEREAS, the said increase in
wages represents an addltional cost to
the City of approximately $50,500
over the fiscal year 1982 budgeted
amount.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
233
[OF THE CITY OF DUBUQUE,
IOWA:
1. That two (2) police officer posi-
tions be and are hereby abolished
effective July 1, 1981, in order to
finance the said increase in
2. That this resolution shall serve as
official notification as required by
Section 400.28 of the Code of
Iowa to the Civil Service Commis-
sion of the City of Dubuque to
abolish two (2) police officer posi-
tions and the City Clerk is hereby
authorized and directed to pro-
vide a certified copy of this reso-
lutinn to the Civil Service Com-
mission.
Passed, approved, and adopted this
15th day of June, 1981.
D. Michael King
MAYOR
~.ttest:
Mary A. Davis CITY CLERK
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Farreil, Felderman.
Nays--Council Member Brady.
Absent--Council Member Pratt.
Coramunication of City Manager
submltting Collective Bargaining
Agreement between the City and the
Amalgamated Transit Union, Division
329, presented and read.
Council Member Farreil moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 163-81
RESOLUTION ACCEPTING THE
PROPOSED AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE,
IOWA, AND THE AMALGA-
MATED TRANSIT UNION, DIVI-
SION 329, AND AUTHORIZING
THE MAYOR TO SIGN SAID
AGREEMENT
WHEREAS, the Sixty-Fifth Gen-
eral Assembly adopted the Public Em-
doyment Relations Act, Chapter 320,
Code of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning
of Section 3(1) of the Public Employ-
234
ment Relations Act; and
WHEREAS, the Amalgamated
Transit Union, Division 329, is an
employee organization within the
meaning of Section 3 (4) of the Public
Employment Relations Act; and
WHEREAS, the Amalgamated
Transit Union, Division 329, submit-
ted a request to bargain collectively on
behalf of employees within its
representation; and
WHEREAS, bargaining between
the parties has occurred and an agree-
merit has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY the City Council of
the City oI Dubuque, Iowa that:
The terms of the proposed agreement
be accepted and the Mayor be
authorized to sign the attached Collec-
tive Bargelning Agreement.
Passed, approved and adopted tins
15th day of June, 1981.
D. Michael King,
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
tied by tha following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderroan.
Nays--None.
Absent-Council Member Pratt.
Communication of City Manager
submitting FY 1982 Compensation
Package for Nan-Bargaining Unit
Employees, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farreli. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 164-81
Adopting the FY 1982 Compensa-
tion package and wage plan for Non-
Bargaining unit employees
WHEREAS, four of the five City
unions will be receiving a wage in-
crease in Fy 82 of approximately seven
(7) percent; and
WHEREAS, said employees will
Special Session June 15, 1981
also be receiving improvements in cer-
tain benefit categories; and
WHEREAS, it has been a practice
to provide a compensation package to
non-bargaining unit employees similar
to the compensation package to be
received by union employees; and
WHEREAS, the following elements
of the proposed compensation package
for non-bargaining unit employees
would provide a comparable increase
in wages and benefits for FY 82:
1 WAGES - a seven (7) percen~
across-the.board increase for all classi-
fications in the wage plar~ with the ex-
eeption that employees in the classifi-
cation of Police Sergee. nt will receive a
ten HO) percent wage ~ncrease.
2 HEALTH AND SAFETY-a
medical examination for all depart-
ment managers and the City
Manager's staff
3 INSURANCE-a $20,000 life~ac-
cidental death and dismemberment in-
surance policy for assistant depart-
ment managers and division managers
and a $15,000 life~accidental death and
dismemberment insurance policy for
all other non-bargaining unit
employees-a travel accident insurance
policy for department managers, th~
City Manager's staff, assistant depart-
ment managers and division
4 SICK LEA VE ~ a pay-out of unus-
ed sick leave upon retirement or death
in a manner currently provided to
employees represented by three of the
City's five bargaining units.
NOW THEREFORE, BE IT
RESOLVED BY the City Council of
the City of Dubuque, Iowa that the
resolultlon be adopted approving the
FY 82 compensation package and
wage plan and salary schedule for non-
bargaining unit employees.
Passed, approved and adopted this
15th day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
yees--Mayor King, Council Mem-
bets Brady, Farrell, Feldermen.
Nays--Nene.
Absent--Council Member Pratt.
Communication of City Manager
Special Session, June 15, 1981
235
submitting Personnel Manual for Non-
Bargaining Unit Employees,
presented and read.
Council Member Farren moved that
the communication be received and fil-
ed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 165-81
WHEREAS, a sound personnel
system necessitates consistent ad-
ministration and application of
employee benefits and policies relating
to employment; and
WHEREAS, A Personnel Manual
has been prepared setting forth the
level of benefits and the adminlstra-
tion of such benefits for fnil-time
employees who are not represented by
collective bargaining agreements.
NOW THEREFORE, BE IT
RESOLVED BY the City Council of
the City of Dubuque, Iowa:
Section 1. That the Personnel
Manu~l for full. time non-bargaining
unit employees be and it is hereby ap-
proved~
Passed, approved and adopted tins
15th day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farreil moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the fonowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldermen.
Nays--None.
Absent--Council Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice .of Public
Meeting held on the proposed
redistricting the City of Dubuque into
4 Wards, presented and read.
Council Member Felderman moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Farrell, Carried by the
followibg vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman,
Nays--None.
Absent--Council Member Pratt.
Communication of City Manager
submitting Ordinance establisinng the
Ward boundaries for the City of Dubu-
que, presented and read.
Council Member Felderman moved
that the communicatlon be received
and filed. Seconded by Council
Member Farreli. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farr~dl, Felderman.
Nays--None.
Absent--Council Member Pratt.
ORDINANCE NO. 36-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY RE-
PEALING CHAPTER 12 THEREOF,
AND ENACTING A NEW CHAP-
TER 12 IN LIEU THEREOF TO
PROVIDE FOR THE ESTABLISH-
MENT OF PRECINCTS AND
WARDS AND THE DESTINATION
OF POLLING PLACES WITHIN
THE CITY OF DUBUQUE, IOWA,
presented and read.
Council Member Felderman moved
that this reading be considered the
first reading of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Council Member Felderman moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to when final action is taken, be
dispensed with. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
ORDINANCE NO. 36-81
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
BY REPEALING CHAPTER 12
THEREOF, AND ENACTING A
NEW CHAPTER 12 IN LIEU
THEREOF TO PROVIDE FOR
THE ESTABLISHMENT OF PRE-
CINCTS AND WARDS AND THE
DESIGNATION OF POLLING
PLACES WITHIN THE CITY OF
DUBUQUE, IOWA.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nonces of the City of Dubuque, Iowa,
be amended by repealing Chapter 12
236
thereof, and adding a new Chapter 12
thereof to read as follows:
CITY OF DUBUQUE
CODE OF ORDINANCES
CHAPTER 12
ELECTIONS
ARTICLE I. IN GENERAL
Section 12-1. Definitions and rules
of construction.
For the purposes of this chapter,
unless the context otherwise requires,
the following definitions and rules of
construction shall be applied:
Points of the compass are approxi-
mate unless otherwise stated.
All names, boundaties~ lines, features
and fixtures are to be construed as
they existed on the effective date of
this ordinance.
Annexed territory means territory
annexed to the city after the effective
date of this ordinance.
City includes all territory within the
corporate limits and all annexed terri-
toties.
Commissioner of elections means
the county auditor of Dubuque
County.
Corporate limits means the corpo-
rate limits of the city on the effective
date of this ordinance. Corporate limits
do not embrace the annexed terri-
toties.
Frommelt's Bluff means a certain
bluff which is east of Pinard Street and
west of Marquette Place.
Lake Peosta Channel means the
waterway between the major portion
of the City of Dubuque and the island
known as Hamrn Island or City
inland.
Legislative District means a dis-
trier represented by a mexnber of the
House of Representatives of the Gen-
eral Assembly of the State of Iowa, as
established by the Supreme Court of
Iowa on March 31, 1972, in a supple-
mental opinion in cases numbered
55021, 55022, and 55023, particularly in
Sections 18, 19, 20 and 21 of "Appendix
A" thereof, as amended.
Street or similar language means the
center line of the tight-of-way, and a
straight extension of that center line.
Section 12-2. Correction of errors.
If this chapter falls to place any part
of the city within a precinct or ward
established by this chapter, the com-
missioner of elections shall assign the
omitted area to an adjacent precinct or
ward within the same legislative dis-
trict. If this chapter places any port of
the city in more than one precinct or
ward established by this chapter, the
commissioner of elections shall assign
that territory to an adjacent precinct
or ward within the proper legislative
Special Session, June 15,1981
district. The commissioner of elections
may also correct obvious clerical errors
in this chapter.
Sections 12-3 through 12-15.
ARTICLE II. PRECINCTS
Section 12-16. City divided into
twenty-seven precincts.
The city is hereby divided into
twenty-seven (27) precincts as
described in this article.
Section 12-17. First Precinct.
(a) Area encompassed. The First
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of the
Milwaukee Railroad tracks and
Fengier Street, south and east along
Fengler Street to Kerper Boulevard,
south along Kerper Boulevard to
East Sixteenth Street, east along
East Sixteenth Street to the center of
Lake Peosta Channel, northeast
along Lake Peosta Channel to inter-
of the Main Channel of the
Mississ'rppi River, which is a point on
the boundary of the corporate limits,
north, west and south along the cot-
porate 5mits to Highway 52, south-
east along Highway 52 to the
intersection of Highway 52 with the
south line of Section 11, Township 89
North; Range 2 East, east along said
line and the south line of Section 12,
Township 89 North, Range 2 East, to
the intersection of Davis Street and
Sheridan Road, due north to the
llne of the North Dubuque
Subdivision, east along the south line
of the North Dubuque Subdivision to
the northwest corner of Prairie
Heights Subdivision, south along the
west line of Prairie Heights Subdivi-
sion to the southwest corner of Prai-
rie Heights Subdivision, east along
the south line of Prairie Heights Sub-
division to the east line of Section 12,
Township 89 North, Range 2 East,
north along said section line to Roo-
sevelt Road, south and east along
Roosevelt Road to Prescott Street,
south and west along Prescott Street
to Ascension Street, southeast along
Ascension Street to Lincoln Avenue,
northeast along Lincoln Avenue to
Decatur Street; southeast along
Decatur Street to Rhomberg Avenue,
southwest along Rhomberg Avenue
to Dock Street, southeast along Dock
Street to the Milwaukee Railroad
tracks, southwest along said tracks to
Ann Street, northwest along Ann
Street to Garfield Avenue, southwest
along Garfield Avenue to Fengler
Street, southeast along Fengler Street
to the Milwaukee Railroad tracks, to
Special Session, June 15, 1981
237
the place of beginning, all of which is
a part of the Eighteenth Legislative
District.
(b) Polling place. The following
place is hereby established as the poll-
lng place for the First Precinct of the
City: Marshall School, 1450 Rhomberg
Avae7e.
Section 12-18. Second Precinct.
(a) Area encompassed. The Second
Precinc~ of the city shall consist of
that territory bounded by a line as fo]-
lows:
Beginning at the intersection of the
Milwaukee Railroad tracks and
Fengler Street, which is a point on
the boundary of the First Precinct,
east along the boundary of the First
Precinct to the corporate limits,
south along the corporate limits to
Railroad Avenue, west along Rail-
road Avenue to South Locust Street,
north along South Locust Street to
First Street, east along First Street to
Main Street, north along Main Street
to West Seventh Street, west along
West Seventh Street to Bluff Street,
north along Bhiff Street to West
Eighth Street, west along West
Eighth Street to University Avenue,
west along University Avenue to
Spruce Street, north along Spruce
Street to Wilbur Lane, east along
Wilbu~ Lane to Grove Tmwaee, north
along Grove Terrace to West Elev-
enth Street, east along West Elew
enth Street to Bluff Street, north
along Bluff Street to West Twelfth
Street, east along West Twelfth
Street to Main Street, north along
Main Street to Loras Boulevard,
west along Loras Boulevard to
Locust Street, north along Locust
Street to West Fifteenth Street, west
along West Fifteenth Street to Mon-
trose Street, north along Montrose
Street to West Locust Street, north
and west along West Locust Street to
West Seventeenth Street, east along
West Seventeenth Street to White
Street, south along White Street to
East Fifteenth Street, east along
East Fifteenth Street to Washington
Street, north along Washington
Street to East Sixteenth Street, east
along East Sixteenth Street to Elm
Street, north alang Elm Street to
East Seventeenth Street, east along
East Seventeenth Street to the Mil-
waukee Railroad tracks, north along
said tracks to Fengler Street, the
place of beginning, all of which is a
part of the Nineteenth Legislative
Disttict.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Second Precinct of
tbe city: Dubuque County Courthouse,
720 Central Avenue.
Section 12-19. Third Precinct.
(a) Area encompassed. The third
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of
Fengler Street and the Milwaukee
Railroad tracks, wlfich is a point on
the boundary of the First Precinct,
north along the boundary of the First
Precinct to the intersection of Pre-
scott Street and Marshall Street,
northwest along Marshall Street to
Thomas Place, southwest along
Thomas Place to Eagle Street, north-
west along Eagle Strut to Riverview
Street, south along Riverview Street
to Merz Street, west along Merz
Street to Viola Street, north along
Viola Street to Pleasant Street, west
along Pleasant Street to Stafford
Street, south along Stafford Street to
Metz Street, west along Metz Street
to Windsor Avenue, north along
Windsor Avenue to Henry Street,
west along Henry Street to Queen
Street, south along Queen Street to
East Twenty-fourth Street, east
along East Twenty-fourth Street to
Windsor Avenue, south along Wind-
sor Avenue to Regent Street, west
along Regent Street to Queen Street,
south along Queen Street to Thomas
Place, north and east along Thomas
Place to Windsor Avenue, south
along Windsor Avenue to Garfield
Avenue, north and east along Gar-
field Avenue to Stafford Street, south
and east along Stafford Street to the
Milwaukee Railroad tracks, then
north and east along said tracks to
Feng]er Street, the place of begin-
ning, all of which is a part of the
Nineteenth Legislative District.
(b) Polling place. The following
place is hereby established as the poi!-
lng place for the Third Precinct of the
city: Sacred Heart School, 2211 Queen
Street.
Section 12-20. Fourth Precinct.
(a) Area encompassed. The Fourth
Precinct of the city shall consist of
that tertitory bounded by a line as fol-
lows:
Beginning at the intersection of Pre-
scott Street and Ascension Street,
which is a point on the boundary of
the Third Precinct, south and west
along the boundary of the Third Pre-
cinct to Marquette Street, northwest
along Marquette Street to From-
melt's Bluff, north along Frommelt's
Bluff to the south line of Section 12,
Township 89 North, Range 2 East,
which is a point on the boundary of
Special Session, June 15, 1981
the First Precinct, east and north and
south along the boundary of the First
Precinct' ~o the intersection of Pre-
scott Street and Ascension Street, the
place of begininng, all winch is a part
of the Nineteenth Legislative Dis-
trict.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Fourth Precinct of the
city: Christensen's Greenhouse, 2635
Windsor Avenue.
Section 12-21. Fifth Precinct.
(a) Area encompassed. The Fifth
Precinct of the city shall consist of
that terr/tory bounded by a line as fol-
lows:
(1) Beginning at the intersection of
East Twenty-seventh Street and
Frommelt's Bluff, winch is a point on
the boundary of the Fourth Precinct,
north along the boundary of the
Fourth Precinct to the south line of
Section 12, Township 89 North,
Range 2 East, winch is a point on the
boundary of the First Precinct, west
along the boundary of the First Pre-
cinct to Central Avenue, south along
Central Avenue to West Thirty-sec-
ond Street, west along West Tinrty-
second Street to Saunders Street,
south and west along Saunders Street
to Davenport Street, southeast along
Davenport Street to Broadway
Street, south and e~st along Broad-
way Street to Diagonal Street,
southeast along Diagonal Street to
Central Avenue, north along Central
Avenue to East Twenty~ixth Street,
east along East Twenty-sixth Street
to White Street, north along White
Street to East Twenty-seventh
Street, then east along East Twenty-
seventh Street to Frommelf's Bluff,
the place of beginning, all of which is
in the Nineteenth Legislative Dis-
trict.
(2) Beginning at the intersection of
Central Avenue and the south line of
Section 11, Township 89 North
Range 2 East, west along said line to
the southwest corner of Section 11,
Township 89 North, Range 2 East,
north along the west line of Section
11, Township 89 North, Range 2 East
to the cbrporate limits, east along the
corporate limits to
so~th along Central Avenue to the
south line of Section lt, Townsinp 89
North, Range 2 East, the place of
beginning, all of which is in the
Twenty-first Legislative District.
(b) Polling place. The following
place is hereby established as the poll*
lng place for the Fifth Precinct of the
city: Fire Station, Thirty-second Street
~nd Central Avenue.
~ection 12-22. Sixth Precinct.
(a) Area encompassed. The Sixth
Precinct of the city shall consist of
that territory hounded by a line as fol-
lows:
Beginning at the intersection of
Broadway Street and King Street,
which is a point on the boundary of
the Fifth Precinct, north, east, and
south along the boundaries of the
Fifth, Fourth, and Thh'd Precincts to
the intersection of Queen Street and
Regent Street, west along Regent
Street to Prince Street, south along
Street to Thomas Place, west
along Thomas Place to East Twenty-
second Street, west along East
Twenty-second Street to Central
Avenue, north along Central Avenue
to West Twenty-third Street, west
along West Twenty-third Street to
Valeria Street, west along Valeria
Street to Lewis Street, north along
Lewis Street to Fulton Street, north
along Fulton Street to King Street,
east along King Street to Broadway
Street, the place of beginning, all of
which is a part of the Nineteenth
Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Sixth Precinct of the
City: Fulton School, 2540 Central Ave-
Section 12-23. Seventh Precinct.
(a) Area encompassed. The Seventh
Precinct shall consist of that territory
bounded by a line as follows:
Beginning at the intersection of East
Twenty-second Street and Central
Avenue, which is a point on the
boundary of the Sixth Precinct,
north, east, south, and west along the
boundaries of the Sixth, Third, and
Second Precincts to Central Avenue,
then north along Central Avenue to
East Twenty-second Street, the place
of beginning, all of winch is a part of
the Nineteenth Legislative District.
(b) Polling place. The following
established as the poll-
ing place for the Seventh Precinct of
the city: Audubon School, 535 Lincoln
Avenue.
Section 12-24. Eighth Precinct.
(a) Area encompassed. The Eighth
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of West
Seventeenth Street and West Locust
Street, which is a point on the
boundary of the Second Precinct,
east, north, and west along the boun-
daries of the Second, Seventh, and
Sixth Precincts to West Twenty-third
Special Session, June 15, 1981
239
Street, west along West Twenty-third
Street to Valeria Street, northwest
along Valeria Street to Kaufmann
Avenue, south and east along Kauf-
mann Avenue to Hempstead Street,
south along Hempstead Street to
Lowell Street, east along Lowell
Street to Schroeder Street, south
along Schroeder Street to Clarke
Drive, east along Clarke Drive to
Foye Street, south along Foye Street
to West Locust Street, east and
south along West Locust Street to
West Seventeenth Street, the place of
beginning, all of which is a part of
the Nineteenth Legislative District.
(b) Polling place. The following
place is hereby established as the poll:
lng place for the Eighth Precinct of the
City: St. Matthew Church, 1780 White
Street.
Section 12-25. Ninth Precinct.
(a) Area encompassed. The Ninth
Precinct of the city shall consist of
that territory bounded by a line as fei-
Beginning at the intersection of Foye
Street and West Locust Street, which
is a point on the boundary of the
Eighth Precinct southeast and west
along the boundaries of the Eighth
and Second Precincts to Spruce
Street, north along Spruce Street to
West Eleventh Street, west along
West Eleventh Street to Prairie
Street, north along Prairie Street to
Lores Boulevard, west along Lores
Boulevard to Cox Street, north along
Cox Street to West Seventeenth
Street, east along West Seventeenth
Street to Catherine Street, north
along Catherine Street to Quigley
Lane, west along Quigley Lane to
Pierce Street, north along Pierce
Street to West Locust Street, then
east along West Locust Street to
Foye Street, the place of beginning,
all of which is a part of the Nine-
toenth Leglslaive District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Ninth Precinct of the
city: Amalgamated Meat Cutters
Union Building, 111i BluffStreet.
Section 12-26. Tenth Precinct.
(a) Area encompassed. The Tenth
Precinct of the city shall consist of
that terri[ory bounded by a line as fol-
lows:
Beginning at the intersection of West
Eighth Street and Hill Street, which
is a point on the boundary of the
Second Precinct, south along Hill
Street to Dodge Street, east along
Dodge Street to Locust Street/which
is a point on the boundary of the
Second Precinct, then north and west
along the boundary of the Second
Precinct to Hill Street, the place of
beginning, all of which is a part of
the Nineteenth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Tenth Precinct of the
city: Mercy Hospital Nurses Home,
252 Peabody Street.
Section 12-27. Eleventh Precinct.
(a) Area encompassed. The Eleventh
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of Hill
Street and Dodge Street, winch is a
point on the boundary of the Tenth
Precinct, east and south along the
boundaries of the Tenth and Second
Precinete to the intorsection of Rail-
road Avenue and Southern Avenue,
south and west along Southern Ave-
nue to Samuel Street, north and west
along Samuel Street to Tressa Street,
west along Tressa Street to St.
George Street, north along St. George
Street to Mt. Lorctta Avenue west
along Mt. Loretta Avenue to Bryant
Street, south along Bryant Street to
Grandview Aven~e, north and west
along Grandview Avenue to Rider
Street, south and west along Rider
Street to Bradley Street, north and
west along Bradley Street to Whelan
Street, north and east along Whelan
Street to Orandview Avenue, north
along Grandview Avenue to South
Booth Street, north along South
Booth Street to Curtis Street, east
along Curtis Street to South Hill
Street, north along South Hill Street
to Dodge Street, then east along
Dodge Street ~o Hill Street, the place
of beginning, all of which is a part of
the Nineteenth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Eleventh Precinct of
the city: Bryant School, 1280 Rush
Street.
Section 12-28, Twelfth Precinct.
(a) Area enco~npassed. The Twelfth
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of
Grandview Avenue and South Booth
Street winch is a point on the bound-
oxy of the Eleventh Precinct, north-
east along the boundaries of the
Eleventh and Tenth Precincts, west
along West Eighth Street to Air Hill
Street, north along Air Hill Street to
University Avenue, west along Uin-
vemity Avenue to Alta Vista Street,
south along Alta Vista Street to
Oxford Street, east along Oxford
24O
Spe~al Session, June 15,1981
Street to Harvard Street, south along
Harvard Street to Alta Vista Street,
north along Alta Vista Street to Car-
lotta Street, west along Carlotta
Street to Alpine Street, south along
Alpine Street to West Fifth Street,
west along West Fifth Street to
Nevadg Street, south along Nevada
Street to West Third Street, west
along West Third Street to North
Booth Street, south along North
Booth Street to Langworthy Street,
west along Langworthy Street to
College Street, north along College
Street to West Third Street, west
along West Third Street to North
Grandview Avenue, then south along
North Grandview Avenue and South
Grandview Avenue to South Booth
Street, the place of beginning, all of
which is a part of the Nineteenth
Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twelfth Precinct of
the city: YMCA, Dodge and Booth
Streets.
Section 12-29. Thirteenth Precinct.
Area encompassed. The Thirteenth
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of John
F. Kennedy Road and University
Avenue, east along University Ave-
nue to E~hel Street, east along Ethel
Street to New Haven Street, east
along New Haven Street to Mineral
Street, east along Mineral Street to
Gillism Street, south along Gilllam
Street to West Street, east along
West Street to Finley Street, south
and east along Finley Street to
McCormick Street, south along
McCormick Street and extension
thereof and an extenaion of West
Third Street, east along an extension
of West Third Street to the terminus
of West Third Street, south from the
terminus of West Third Street to the
terminus of Hale Street, east along
Hale Street to Algeria Street, north
along Algona Street to West Third
Street, east along West Third Street
to North Grandview Avenue, which is
a point on the boundary of the
Tweffth Precinct, then south along
the Twelfth Precinct (boundary) to
Dodge Street, west along Dodge
Street to Fremont Street, south along
Fr~moqt Street to the Illinois Cen-
tral and Gulf railroad tracks, south
and east along said tracks to the
south line of Section 36, Township 89
North, Range 2 East, west along said
section line to the northeast corner df
Peg-O-Mesa Subdivision, south, west
and north along the boundary of
Peg-O-Mesa Subdivision, to the south
line of Section 35, Township 89
North, Range 2 East, west along said
line to the west fine of said Section
35, north along said line to North
Cascade Road, southwest along
Cascade Road to the west
boundary of Knob Hill Grove Subdi-
vision, north and east along the
boundary of Knob Hill Grove Subdi-
vision to the west boundary of Knob
Hill Subdivision, north along the
west boundary of Knob Hill Subdivi-
sion to the Illinois Central and Gulf
Railroad tracks, east along said
tracks to the west line of Section 35,
Township 89 North, Range 2 East,
north along said line to south bound-
ary llne of South Gate Subdivision,
west and north along the boundary
of South Gate Subdivision to the
south right-of-way line of Coates
Street east along said line to the east
line of Section 27, Township 89
North, Range 2 East, north along
said line te the north right-of-way
line of Coates Street, west along the
north right-of-way of Coates Street
to the west boundary line of Gemini
Place Subdivision, north along the
west boundaries of Gemini Place.
George Jecklin's Farm and Plaza 20
subdivisions to the north right-of-way
line of Highway 20 west along the
north right-of-way line of Highway
20 to John F. Kennedy Road, north
along John F. Kennedy Road to Uni-
versity Avenue the place of begin-
ning, all of which is a part of the
Twentieth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Thirteenth Precinct of
the city: Washington Junior High
School, 51 North Grandview Avenne.
Section 12-30. Fourteenth Pre01not.
(a) Area encompassed. The Four*
teenth Precinct of the city shall con#ist
of that territory bounded by a line aa
follows:
Beginning at the intersection of Col-
lege Street and West Third Street
which is a point on the boundary of
the Twelfth Precinct, west along the
boundaries of the Twelfth and Thir-
teenth Precincts to the intersection of
Gilliam Street and Mineral Street,
east along Mineral Street to Finley
Street, north along Finley Street to
University Avenue, east along Uni-
versity Avenue to Asbury Road,
north along Asbury Road to Cherry
Street, erst along Cherry Street to
Avoca Street, south along Avoca
Street to Delaware Street, east along
Delaware Street to North Grandvlew
Special SessioE
Avenue, south along North Grand-
view Avenue to Loras Boulevard,
east along Loras Boulevard to Wood
StreW, south along Wood Street to
University Avenue, east along Uni-
versity Avenue to Delhi Street,
southwest along Delhi Street to West
Filth Street, east along West Fifth
Street to College Street, then south
along College Street to West Tbird
Street, the place of beginning, ail of
which is a part of the Twentieth Leg-
islative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the fourteenth Precinct of
the city: Fire Station No. 4 at Univer-
sity Avenue and Atlantic Street.
Section 12-31. Fifteenth Precinct.
(a) Area encompassed. The Fifteenth
Precinct of the city shall consist of
that territory bounded by a line as fol-
lows:
Beginning at the intersection of Cox
Street and Loras Boulevard, which is
a point on the boundary of the Ninth
Precinct, south, west, and north
along the boundaries of the Ninth,
Second, Twelfth, and Fourteenth
Precincts to the intersection of Wood
Street and Loras Boulevard, then
east along Loras Boulevard to Cox
Street, the place of beginning, all of
which is a part of the Twentieth Leg-
islative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Fifteenth Precinct of
the city: Lincoln School, 1101 West
Fifth Street.
Section 12-32. Sixteenth Precinct.
(a) Area encompassed. The Six-
teenth precinct of the city shah consist
of the territory bounded by a line as
follows:
Beginning at the intersectinn of
Kaufmann Avenue and Valeria
Street, which is a point on the
boundary of the Eighth Precinct,
south, west, and north along the
boundaries of the Eighth, Ninth, Fif-
teenth, and Fourteenth precincts to
the intersection of Delaware Street
and North Grandview Avenue, north
along North Grandvlew Avenue to
Audubon Street, north along Audu-
ben Street to Rosedale Avenue~ east
along Rosedale Avenue to the east
boundary of Dubuque High School,
north along the east boundary of
Dubuque High School to West
Locust Street, east along West
Locust Street to the east boundary of
Clarke College, north along said
boundary to Clarke Drive, west along
Clarke Drive to the southwest
boundary of Clarke Crest Estates
, June 15, 1981 241
Subdivision, north, west, south, and
west along said boundary to Grand-
view Avenue, north along Grandview
Avenue and the west fork of Grand-
view Avenue to Kaufluann Avenue,
then east along Kaufmann Avenue to
Vaieria Street, the place of beginning,
all of which is a part of the Twen-
tieth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Fourteenth Precinct
of the city: Lotus College Science Hall,
1750 Alta Vista Street.
Section 12-33.
Seventeenth Precinct,
(a) Area encompassed. The Seven-
teenth Precinct of the city shah consist
of that territory bounded by a line as
follows:
Beginning at the intersection of the
east boundary of Dubuque High
School and West Locust Street,
wlfich is a point on the boundary of
the Sixteenth Precinct, south and
west along the boundaries of the Six-
teenth and Fourteenth Precincts to
the intersection of Finley Street and
University Avenue, south along Dni-
versity Avenue to Pennsylvania Ave-
nue, west along Pennsylvania Avenue
to the western boundary of Flora
Park, north along the western bound-
ary of Flora Park to Saint Anne
Drive, west along Saint Anne Drive
to Chancy Road, north along Chancy
Road to Hillcrest Road, west along
Hillcrest Road to Deborah Drive,
north along Deborah Drive to Carter
Road, north along Carter Road to
Kaufmann Avenue, east along Kauf-
mann Avenue to Chaney Road, south
along Chaney Road to the north
property line of lot one (1) of lot two
(2) of Saint Rose Priory, five hun-
dred twenty (520) feet west along
said line to the west property line of
the same lot, south and west five
hundred sixteen (516) feet along the
west property line of the same lot to
a point on Asbury Road lying three
hundred twenty-five (325) feet west
of Chaney Road, south and east
along Asbury Road to Clarke Drive,
east along Clarke Drive to Bunker
Hill Road, north along Bunker Hill
Road to Fairway Drive, east along
Fairway Drive to Grandview Avenue,
north along Grandview Avenue to
the north boundary of Pfohl's Subdi-
vision, east along said boundary to
Clarke Drive, south along Clarke
Drive to West Locust Street, east
along West Locust Street to the east
boundary of Dubuque High School,
the place of beginning, all of which is
a part of the Twentieth Legislative
242 Special Session, June 15,1981
District.
(b) Polling Place. The following
place is hereby established as the poll-
ing place for the Seventeenth Precinct
of the city: Senior High School, 1800
C isrke Drive.
Section 12-34. Eighteenth Precinct.
(a) Area encompassed. The Eigh-
teenth Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of Hill-
crest Road and Deborah Drive,
which is a point on the boundary of
the Seventeenth Precinct, east, south,
and west along the boundaries of the
Seventeenth, Fourteenth, and Thir-
teenth Precincts to a point on Uni-
versity Avenue due south of the
intersection of Van Bm'en Street and
Pennsylvania Avenue, north from
said point to Pennsylvania Avenue,
east along Pennsylvania Avenue to
Churchill Drive, north along Chur-
chill Drive to Saint Anne Drive, east
along Saint Anne Drive to Avalon
Road, north along Avalon Road to
Jeffrey Drive, west along Jeffrey
Drive to Deborah Drive, then north
along Deborah Drive to Hillcrest
Road, she place of beginning, all of
which is a part of the Twentieth Leg-
islative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Eighteenth Precinct
of the city: Irving School, 2520 Penn-
sylvania Avenue.
Section 12-35. Nineteenth Precinct.
(a) Area encompassed. The Nine-
teenth Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of
Asbury Road and Carter Road,
wblch is a point on the boundary of
the Seventeenth Precinct, south
along the boundaries of the Seven-
teenth, Eighteenth and Thirteenth
Precincts to John F. Kennedy Road,
west and south along John F. Ken-
nedy Road to the north right-of-way
line of Highway 20, west along the
north right-of-way line of Highway
20 to the east boundary line of
Hauber's U.S. Highway 20 Place,
north alongsaid boundary to the
north llne of the Northwest Quarter
of the Southwest Quarter, Section 27,
Township 89 North, Range 2 East,
west along said line to Wacker Drive,
south along Wacker Drive to the
south rlghtrof-way llne of Highway
20, west along the south right-of-way
line of Highway 20 to the Illinois
Central and Gulf Railroad tracks,
north and west along said tracks to
the west boundary line of Chn-Que
Addition Number 2, north along the
west boundaries of Clin-Que Addition
Nmnber 2 and C.J. Bies Subdivision
to the south line of the Northwest
Quarter of thc Northeast Quarter of
Section 28, Township 89 North,
Range 2 Easy, west along said line to
the west line of the Northwest Quar-
ter of the Northeast Quarter of Sec-
tion 28, Township 89 North, Range 2
East, north along said fine to Penn-
sylvania Avenue, east along Pennsyl-
vania Avenue to Vizaleea Drive,
north along Vizaleea Drive to Key-
mont Drive, east along Key~nont
Drive to Key Way, north on Key
Way to Hillcrest Road, west along
Hillcrest Road to St. John Drive,
north along St. John Drive to Gra-
ham Circle, east along Graham Circle
to West Way, east along West Way
to Key Way, east along Key Way to
Kennedy Road, north along Kennedy
Road to Asbury Road then east
along Asbury Road to Carter Road,
the place of beginning, all of which is
a part of the Twentiesh Legislative
District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Nineteenth Precinct
of the city'. Kennedy School, 2135
Woodland Drive.
Section 12-36. Twentieth Precinct.
(a) Area encompassed. The Twen-
tieth Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of
Crissy Drive and Asbury Road,
which is a point on the boundary of
the Nineteenth Precinct, west and
south along the boundary of the
Nineteensh Precinct to Pennsylvania
Avenue which is the south section
line of Section 21, Township 89
North, Range 2 East, west along said
section line to the west line of Sec-
tion 21, Township 89 North, Range 2
East, north along said section line to
Asbury Road, east along Asbury
Road to Bonson Road, no~th along
Bonson Road to Kaufmann Avenue,
east along Saufmann Avenue to
Martin Drive, south along Martin
Drive to Theda Drive, west along
Theda Drive to Crissy Drive, then
south along Crissy Drive to Asbury
Road, the place of beginning, all of
which is a part of the Twentieth Leg-
islative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twentieth Precinct of
the city: Rempstead High School, 3715
Pennsylvania Avenue.
Special Session, June 15,1981
Section 12-37. Twenty-first
Precinct.
(a) Area encompassed. The Twenty-
first Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of
Chancy Road and Kaufinann Ave-
nue, which is a point on the bound-
ary of the Seventeenth Precinct,
south and northwest along the boun-
daries of the Seventeenth, Nineteenth
and Twentieth Precincts to the west
line of Section 16, Township 89
North, Range 2 East, north along
said section line to the corporate
limits, north and east along the cor-
porate limits to John F. Kennedy
Road, south along John F. Kenndy
Road to West Thirty-second Street,
east along West Tilirty-second Street
to Carter Road, south along Carter
Road to Kane Street, east along
Kane Street to Chancy Road, then
south along Chancy Road to Kauf-
mann Avenue, the place of beginning,
all of which is a part of the Twen-
tieth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twenty-first Precinct
of the city: Eisenhower School, 3170
Spth~g Valley Road.
Section 12-38.
Twenty-second Precinct.
(a) Area encompassed. The Twenty-
second Precinct of the city shall con-
sist of that territory bounded by a line
as follows:
Beginning at the intersection of
Saunders Street and West Thisty-sec-
ond Street, west along West Thirty-
second Street to North Grandview
Avenue, south along North Grand-
view Avenue to Boyer Street, east
along Boyer Street to Andrew Court,
south along Andrew Court to Kane
Street, west along Kane Street to
North Grandvlew Avenue, south
along North Grandview Avenue to
Kaufmann Avenue, which is a point
on the boundary of the Sixteenth
Precinct, southwest, and north along
the boundaries of the Sixteenth,
Seventeenth, and Twenty-first Pre-
cincts, then north and east along the
corporate limits to the east line of
Section 10, Township 89 North,
Range 2 East, south along said sec-
tion line to the southwest corner of
Section 11, Township ~9 North,
Range 2 East, east along the south
line of Section 11, Township 89
North, Range 2 East, to Central Ave-
nue~ south on Central Avenue to
West Thirty-second Street, west on
West Thirty-second Street to
243
Saunders Street, the place of begin-
ning, all of which is a part of the
Twentieth Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twenty-second Pre-
cinct of the city: Wahlert High School,
2005 Kane Street.
Section 12-39.
Twenty-third Precinct.
(a) Area encompassed. The Twenty-
third Precinct of the city shall consist
of that territory bounded by a line as
tbllows:
Beginning at the intersection of West
Thirty-second Street and Saunders
Street, which is a point on the
boundary of the Fifth Precinct,
south, west, north, and then east
along the boundaries of the Fifth,
Sixth, Eighth, Sixteenth, and
Twenty-second Precincts to the
intersection of West Thirty-second
Street and Saunders Street, the place
of beginning, all of which is a part of
the Twentieth Legislative District.
(b) Polling place. The following
~ established as the poll-
ing place for the Twenty-third Precinct
of the city: Wahlert High School, 2005
Kane Street.
Section 12-40.
Twenty-fourth Precinct.
(a) Area encompassed. The Twenty-
fourth Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of the
south corporate limits and the
Blinois Central Gulf Railroad, which
is a point on the boundary of the
Thirteenth Precinct, north, east, and
south along the boundaries of the
Thirteenth, Twelfth, and Eleventh
Precincts to the intersection of
Mount Loretta Avenue and English
Lane, south along English Lane to
Levi Street, east along Levi Street to
Sullivan Street, south along Sullivan
Street to Southern Avenue, south
along Southern Avenue to the south
line of Section 36, Township 89
North, Range 2 East, east along said
line to the centerline of Kerrigan
Road, south along the centerline of
Kerrigan Road to the corporate
limits, south, west, north and north-
west along the corporate limits to the
west line of the Northeast Quarter of
the Northwest Quarter of Section 2,
Township 88 North, Range 2 East,
north along said line to the south
boundary of Thomas Farm Addition,
esst along said boundary to the east
boundary of Thomas Farm Addition,
north along said boundary to the
south line of Section 35, Township 89
North, Range 2 East, which is a
point on the boundary of the Thir-
teenth Precinct, east along the
boundary of tim Thirteenth Precinct
to the Illinois Central Gulf Railroad
tracks, the place of beglnnb~g, all of
which is a part of the Twenty-first
Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twenty-fourth Pre-
cinct of the city: No. 5 Engine House,
689 South Grandvlew Avenue.
Section 12-41.
Twenty-fifth Precinct.
(a) Area encompassed. The Twenty-
fifth Precinct of the city shall consist
of that territory bounded by a line as
follows:
Beginning at the intersection of
South Locust Street and Railroad
Avenuewhich is a point on the
boundary of the Second Precinct,
east along the houndary of the Sec-
ond Precinct to the corporate limits,
south and west along the corporate
limits to Kerrigan Road which is a
point on the boundary of the
Twenty-fourth Precinct, north and
east along the boundaries of the
Twenty-foursh and Eleventh Pre-
clncts to the intersection of South
Locust Street and Railroad Avenue,
the place of beginning, all of which is
a part of the Twenty-first Legislative
District.
(b) Polling Place. The followin;
place is hereby established as she poll-
ing place for the Twenty-fifth Precinct
of the city: St. Elias the Prophet
Greek Orthodox Church, 1075 Rock-
dale Road.
Section 12-42.
Twenty-sixth Precinct.
(a) Area encompassed. The Twenty-
sixth Precinct of the city shafi consist
of that territory bounded by a line as
follows:
Beginning at the corporate limits and
Highway 20, east along Highway 20
to the Illinois Central Guff Railroad
traoks which is a point on the bound-
ary of the Nineteenth Precinct, east
and south along the boundaties of
the Nineteenth, Eighteenth, Thir-
teenth, Twenty-fourth Precincts to
the corporate Funite, west and north
along the corporate limits to High-
way 20, the place of beginning, all of
which is a part of the Twenty-flint
Legislative District.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twenty-sixth Precinct
of the city: K & K Heating Company,
700 Cedar Crosa Road.
Section 12-43.
Special Session, June 15,1981
Twenty-seventh Precinct.
(a) Area encompassed. The Twenty-
seventh Precinct of the city shall con-
sist of that territory bonnded by a line
as follows:
Beginning at the corporate limits and
Highway 20, north, west and east
along the corporate limits to the west
line of Section 16, Township 89
North, Range 2 East, which is a
~oint on the boundary of the
Twenty-first Precinct, south, east,
south and west along the boundaries
of the Twenty-first, Twentieth, Nine-
teenth and Twenty-sixth Precincts to
Highway 20 and the corporate limits,
the place of beginning, afi of which is
in she Twenty-first Legislative Dis-
trict.
(b) Polling place. The following
place is hereby established as the poll-
ing place for the Twenty-seventh Pre-
of the city: Hempstead High
School, 3715 Pennsylvmfia Avenue.
Section 12-44 through 12-50.
Reserved.
ARTICLE III. WARDS
Section 12-51.
City divided into four wards.
The city is hereby divided into four
(4) wards as described in this article.
Section 12-52. First Ward.
The First Ward of the City of
Dubuque, Iowa shafi consist of that
territory bounded by a line described
as follows:
Beginning at the intersection of
South Locust Street and Railroad
Avenue; thence northeast along Rail-
road Avenue and a northeasterly
extension of Raikoad Avenue to the
current corporate limits of the City
of Dubuque, Iowa; thence south,
west, north and west along said cor-
porate hmits to Dodge Street (High-
way 20); thence east along Dodge
Street to the Illinois Central Gulf
Railroad tracks; thence southeasterly
along said tracks to the south tight-
of-way line of Dodge Street; thence
east along said right-of-way line to
Wacker Drive; thence north along
Wacker Dtive to the north line of the
Northwest Quarter of the Northwest
Quarter of Section 27, Township 89
North, Range 2 east of the 5th P.M.;
thence east along said line to the east
boundary line of Hauber's U.S. High-
way 20 Place; thence south along
said boundary to the north tight-of-
way line of Dodge Street; thence east
and north along said right-of-way
line to John F. Kennedy Road;
thence east along John F. Kennedy
Road to a point due south of the
intersection of Van Buren Avenue
and Pennsylvania Avenue; thence
Special Session, June 15, 1981
north from said point to Pennsylva-
nia Avenue; thence east along Penn-
sylvania Avenue to Churchill Drive;
thence north along Churchill Drive
to St. Anne Drive; thence east along
St. Anne Drive to Avalon Road
thence north along Avalon Road to
Jeffrey Drive; thence west along Jet-
fery Drive to Deborah Drive; thence
north along Deborah Drive to Carter
Road; thence north along Carter
Road to Kaufmann Avenue; thence
east along Kaufmann Avenue to
Chaney Road; thence south along
Chancy Road to the north property
line of Lot 1 of Lot 2 of St. Rose Pti-
ory; thence west approximately 520
feet along said line to the west prop-
erty line of said lot; thence south and
west approximately 516 feet along
said property line to a point on
Asbury Road being approximately
325 feet west of Chancy Road;
thence southeast along Asbury Road
to Clarke Drive; tlience east along
Clarke Drive to Bunker Hill Road
thence north along Bunker Hill Road
te Fairway Drive; thence east along
Fairway Drive to North Grandview
Avenue; tlience north along North
Grandview Avenue to the north
boundary of Pfohl's Subdivision;
thence east along said boundary to
Clarke Drive; thence south along
Clarke Drive to West Locust Street;
thence east along West Locust Street
to the east boundary of Dubuque
High School; thence south along the
east boundary of Dubuque High
School to Rosedale Avenue; thence
west along Roseda]e Avenue to
Audubon Street; thence south along
Audubon Street to North Grandview
Avenue; thence continuing south
along North Grandview Avenue to
Loras Boulevard; thence east along
Lotus Boulevard to Wood Street;
thence soutb along Wood Street, to
Uaivemity Avenue; thence east along
University Avenue to DeLhi Street;
thence southwest along Delifi Street
to West 5th Street; thence east along
West 5th Street to College Street;
thence south along Colisge Street to
West 3rd Street; thence west along
West 3rd Street to North Grandview
Avenue; thence south along North
Grandview Avenue to Dodge Street;
thence continuing south akmg South
Grandview Avenue to South Booth
Street; thence north ahmg South
Booth Street to Curtis Street; thence
east aleng Curris Street to South Hill
Street; thence north along South Hill
Street to Dodge Street; thence east
along Dedge Street to South Locust
Street; thence south along South
245
Locust Street to Railroad Avenue,
the place of beginning as described
herein. The above described First
Ward is comprised and made up of
Precincts Il, 13, 14, 17, 18, 24, 25 and
26 of the City of Dubuque, Iowa.
Section 12-53. Second Ward.
The Second Ward of the City of
I)uhuque, Iowa shall consist of that
tm'htory hounded by a line described
City of Dubuque, Iowa; thence con-
the Ild linols Central Gulf Railroad
said tracks to the south tight-of-way
along said right-of-way line to
Wacker Drive; thence north along
Wacker Drive to the nortli llne of the
Northwest Quarter of the Southwest
Quarter of Section 27, Township 89
boundary line of Hauber's U.S. High-
said boundary to the north right-of-
and north along said right-of-way
line to John F Kennedy Road;
intersection of Van Buren Avenue
St. Anne Drive to Avalon Road;
fery Drive to Deborah Drive; thence
north along Deborah Drive to Cm'ter
line of Lot 1 of Lot 2 of St. Rose Pti-
246 Special Session June 15,1981
Asbury Road being approximately
325 feet west of Chaney Road;
thence southeast along Asbury Road
to Clarke Drive; thence east along
Clarke Drive to Bunker Hill Road;
thence north along Bunker Hill Road
to Fairway Drive; thence east along
Fab'way Drive to North Grandview
Avenue; thence north along North
Grandview Avenue to the north
boundary of Pfohl's Subdivision;
thence east along said boundary to
Clarke Drive; thence south along
Clarke Drive to West Locust Street;
thence east along West Locust Street
to the east boundary of Clarke Col-
lege; thence north along said bound-
ary to Clarke Drive; thence west
along Clarke Drive to the southwest
boundary of Clarke Crest Estates
Subdivision; thence north, west,
south, and west along said boundary
to North Grandview Avenue; thence
north along North Grandview Ave-
nue and the west fork of North
Grandview Avenue to Kaufmann
Avenue; thence east along Kaufmann
Avenue to Valeria Street; thence east
along Valeria Street to vacated Lewis
Street; thence north along vacated
Lewis Street to Fulton Street; thence
north along Fulton Street to King
Street; thence east along King Street
to Broadway Street; thence west and
north along Broadway Street to West
28th Street; thence east along West
28th Street to Davenpor~ Street;
thence northwest along Davenport
Street to Saunders Street; thence
northeast along Saunders Street to
West 32nd Street; thence northeast
along West 32nd Street to Central
Avenue, the place of beginning as
described herein. The above described
Second Ward is comprised and made
up of Precincts 19, 20, 21, 22, 23 and
27 of the City of Dbuuque, Iowa.
Section 12-54. Third Ward.
The Third Ward of the City of
Dubuque, Iowa shall consist of that
territory bounded by a line described
as follows:
Beginning at the intersection of the
Milwaukee Railroad tracks and
Fengler Street; thence southeast
along Fengler Street to Kerper Bou-
levard; thence south along Kerper
Boulevard to East 16th Street
thence east along East 16th Street to
the Center of Lake Peosta Channel
thence no~hezst along Lake Peosta
Channel to the intersection of the
main channel of the Mississippi
River, winch is a point of the current
corporate limits of the City of
Dubuque, Iowa; thence north, west,
south and west along said corporate
limits to the west line of Section 11,
Township 89 North, Range 2 East of
the 5th P.M.; thence south along said
line to the south line of said Section
11; thence east along said line to
(~entrai Avenue; thence south along
Central Avenue to West 32nd Street;
thence southwest along West 32nd
Street to Saunders Street; thence
southwest along Saunders Street to
Davenport Street; thence southeast
along Davenport Street to West 28th
Street; thence west along West 28th
Street to Broadway Street; thence
south and east along Broadway
Street to King Street; thence west
along King Street to Fulton Street;
thence south along Fulton Street to
vacated Lewis Street; thence south
along vacated Lewis Street to Valeria
Street; thence southeast along
Valeria Street to West 23rd Street;
thence east along West 23rd Street to
Central Avenue; thence south along
Central Avenue to East 17th Street;
thence east along East 17th Street to
White Street; thence south along
White Street to East 15th Street;
thence east along East 15th Street to
Washington Street; thence north
along Washington Street to East
16th Street; thence east along East
t6th Street to Elm Street; thence
north along Elra Street to East 17th
Street; thence east along East 17th
Street to the Milwaukee Railroad
tracks; thence northeast along said
tracks to Fengler Street, the place of
beginning as described herein. The
above described Third Ward is com-
ptised and made up of Precincts 1, 3,
4, 5, 6 and 7 of the City of Dubuque,
Iowa.
Section 12.55. Fourth Ward.
The Fourth Ward of the City of
Dubuque, Iowa shall consist of that
territory bounded by a line described
as follows:
Beginning at the intersection of
South Locust Street and Railroad
Avenue; thence northeast along Rail-
road Avenue and a northeasterly
extension of Railroad Avenue to the
current corporate limits of the City
of Dubuque, Iowa; thence northeast-
erly along said corporate innits to the
center of Lake Peosta Channel;
thence southwesterly along Lake
Peosta Channel to East 16th Street;
thence southwesterly along East 16th
Street to Kerper Boulevard; thence
north along Kerper Boulevard to
Fengler Street; thence northwesterly
along Fengler Street to the Milwau-
kee Railroad tracks; thence south-
westerly along said tracks to East
17th Street; thence west along E~st
Special Session. June 15, 1981
247
17th Street to Elm Street; thence
south along Elin Street to East 16th
Street; thence west along East 16th
Street to W~shington Street; thence
south along Washington Street to
East 15th Street; thence west along
East 15th Street to White Street;
thence north along White Street to
East 17th Street; thence west along
East 17th Street to Central Avenue;
thence north along Central Avenue
to West 23rd Street; thence west
along West 23rd Street to Valeria
Street; thence northwest along
Valeria Street to Kaufmann Avenue;
thence northwest along Kaufinann
Avenue to the west fork of North
Grandview Avenue; thence south
along the west fork of North Grand-
view Avenue and along North
Grandview Avenue to the southwest
boundary of Clarke Crest Estates
Subdivision; thence east, north, east
and south along said boundary to
Clarke Drive; thence east along
Clarke Drive to the east boundary of
Clarke College; thence south along
said bound~'y to West Locust Street;
thence west along West Locust Street
to the east bofindary of Dubuque
High School; thence south along said
boundary to Roseda]e Avenue;
thence west along Rosedale Avenue
to Audubon Street; thence south
along Audubon Street to North
Grandview Avenue; thence south
along North Grandview Avenue to
Lores Boulevard; thence east along
Lores Boulevard to Wood Street;
thence south along Wood Street to
University Avenue; thence east along
University Avenue to Delhi Street;
thence southwest along Delhi Street
to West 5th Street; thence east along
West 5th Street to College Street;
thence south along College Street to
West 3rd Street; thence west along
West 3rd Street to North Grandview
Avenue; thence south along North
Grandview Avenue to Dodge Street;
thence continuing south along South
Grandview Avenue to South Booth
Street; thence north abmg South
Booth Street to Curtis Street; thence
east along Curtis Street to South Hill
Street; thence north along South Hill
Street to Dodge Street; thence east
along Dodge Street to South Locust
Street; thence south ahing South
Locust Street to Railroad Avenue,
the place of beginning as described
herein. The above described Fourth
Ward is comprised and made up of
Precincts 2, 8, 9~ 10, 12, 15 and 16 of
the City ef Dubu(lue~ h)wa.
Section 2. That (he City Clerk is
bereby directed to publish this Ordi-
nm~ce and the attached map marked
"Exhibit A", which map is drawn in
conformance with the precinct and
ward boundaries desc1~bed herein. The
City Clerk shall also certify a copy of
tiffs Ordinance and the attached map
to the Commissioner of Elections,
Section g. That all ordinances and
cedes, or parts thereof conflicting or
inconsistent with the provisiops of this
ordinance are hereby repealed.
Section 4. That this ordinance shall
be in force and effect ten (10) days
from and after its final passage, adop-
tion, and publication as provided by
PASSED, APPROVED AND
ADOPTED this 15th day of June,
D. Michael King, Mayor
ATTEST:
Maw A. Davis, City Clerk
Published officially in the Telegraph
Herahl newspaper this ',/0th day of
dune, 1981.
Mary A. Davis, City Clerk
3t 6/30, 7/7,14
Council Member Feldernmn moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of City Manager
submitting proposed amendment to
Housing Code Assessment of Penal-
ties for failure to obtain rental Dwell-
lng Licenses, presented and read.
Council Member Farreil moved that
the commuincation be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell. Felderman.
Nays--None.
Absent--Council Member Pratt.
ORDINANCE NO. 37-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANC,
ES OF THE CITY OF DUBUQUE,
IOWA BE AMENDED BY REPEAL-
ING SECTION 20-4.01 (d) OF ARTI-
CLE IV OF CHAPTER 20,
THEREOF, AND BY ENACTING A
NEW SECTION 20-4.01 (d) OF ARTI-
CLE IV OF CHAPTER 20, IN LIEU
THEREOF, PROVIDING FOR RE-
NEWAL OF RENTAL DWELLING
OPERATING LICENSES, AND FOR
THE ASSESSMENT OF PENAL-
TIES FOR FAILURE TO RENEW
Special Session, June 15, 1981 249
248
SUCH LICENSE, presented and reed.
Council Member Farreil moved that
the reading just had ha considered the
first reading of the Ordinance. Second-
ed by Council Member Felderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Council Member Farrefi moved that
the nde requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady~ Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
ORDINANCE NO. 37-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THAT THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY REPEALING SECTION 20-4.01
(d) OF ARTICLE IV OF CHAPTER
20, THEREOF, AND BY ENACT-
lNG A NEW SECTION 20-4.01 (d)
OF ARTICLE IV OF CHAPTER 20,
IN LIEU THEREOF, PROVIDING
FOR RENEWAL OF RENTAL
DWELLING OPERATING LI-
CENSES, AND FOR THE ASSES-
MENT OF PENALTIES FOR
FAILURE TO RENEW SUCH
LICENSE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be and the same is hereby amended by
repealing Section 20-4.01 (d) of Article
IV of Chapter 20, thereof, and enacting
a uew Section 20-4.01 (d) of Article IV
of Chapter 20, in lieu thereof, as fol-
lows:
"Section 20-4.01 (d) Renewal; Penalty
For Failure to Renew License
(1) Applications for renewal of a
Rental Dwelling Ooerating License
may be made within sixty (60) days
prior to the expiration of an existing
operating license.
(2) Issuance of Rental Dwelling
Operating Licenses under this ordi-
nance is required effective January 12,
1981. Such original license may be
issued on or before August 1, 1981
without penalty. Any application made
for such license after August 1, 1981,
Special Session, June 15, 1981
shall be assessed a penalty of $5.00 for
each month or portion of a month of
delinquency after August 1, 1981.
(3) Applications for renewal of
Rental Dwelling Operating Licenses in
any year after the first year st~all be
y 1st. of such subsequent
be made and
icense t~es paid until April 1st of such
subsequent year without penalty.
Applications made after April 1st of
such subsequent years shall be assessed
such penalties as are described in sub-
section (2) of this section."
PASSED, APPROVED AND
ADOPTED THIS 15th day of June,
1981.
D. Michael King, Mayor
ATTEST:
Mm~y A. Da,As, City Clerk
Published officially in the Teleraph
Herald newspaper this 22nd day of
June, 1981.
Mary A. Davis, City Clerk
It 6/22
Council Member Farreli moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman.
Nays--None.
Abeent--Councfl Member Pratt.
An Ordinance Establishing the
Washington St. Urban Revitalization
roperties described,
presented and read.
Council Member Felderman moved
that the reading just had be con-
sidered the second reading of the Or-
dinance. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farreli, Felderemn.
Nays--Council Member Brady.
Absent--Council Member Pratt.
Mr. John (Hank) Waltz, Pres: of the
Washington St. Neighborhood,
out the large assessed value in
t one block in the area he requests
added to the encompassed area
of the above Ordinance, and suggests
that ali the proceedings be scrapped
and procedure started anew so as to in-
clude the additional 5¼ block area.
Communication of P & Z Commla-
sion approving final plats of Subdivi-
sion of Lot 15 of "Oak Brook Devel-
opment'' end Block 1 thru 7 of "Oak
Brook Townhnusce' presented and
Council Member Farrefi moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 166-81
A Resolution Approving the Plat of
the Subdivision of Lot 15 of "Oak
Brook Development" in the City of
Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of The Sub-
division of Lot 15 of "Oak Brook De-
velopment'' in the City of Dubuque,
Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS. said plat has been ex-
amined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances relat-
ing thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the Subdi-
vision of Lot 15 of "Oak Brook Devel-
opment" in the City of Dubuque, Iowa
be and the same is hereby approved,
and the Mayor and City Clerk are here-
by authorized and directed to endorse
the approval of the City of Dubuque,
Iowa upon said pla~
Passed, adopted and approved this
15th day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 167-81
A Resolution Approving the Plat of
Blocks 1 thru 7 of "Oak Brook Town-
houses" in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of Blocks 1
thru 7 of "Oak Brook Townhouses" in
the City of Dubuque, Iowa; and
WHEREAS, there are on file with
the City Engineer improvement plans
and accompanying specifications
showing location and grade of sanitary
sewer, water, pavement and drainage
facilities within the area shown on said
plat; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same conforms to statutes
and ordinances relating thereto, ex-
cept that drive grades have not been
established, the drive brought to
grade, or paving, water lines, sanitary
sewers or storm sewers installed.
WHEREAS, the City of Dubuque,
Iowa has previously approved by Res~
olution No. 223-79 the plat of Lots 1-15
inclusive, of "Oak Brook Develop-
ment'' in the City of Dubuque, Iowa,
which plat and resolution provide for
and require the dedication and im-
provement of Raven Oaks Drive in-
cluding paving, street lighting, instal-
lation of sidewalks, water mains, sani-
tary sewers, and storm sewers;
NOW, THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of Blocks 1
thru 7 of "Oak Brook Townhouses " in
the City of Dubuque, Iowa, be and the
same is hereby approved and the
Mayor and the City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said plat provided the owners
and developer of said property herein
named, execute written acceptance
hereto attached agreeing:
a. To reduce ail drives and parking
areas to grade and to hard surface
them in accordance with approved
final planned unit development plan
for "Oak Brook Townhouses";
b. To install storm sewers and catch
basins in accordance with the ap-
proved plans and specifications on file
with the City Engineer;
c. To install water mains in accor-
dance with the approved plans and
specifications on file with the City
Engineer;
d. To install sanitary sewer mains in
accordance with the approved plans
and specifications on file with the City
Engineer;
e. To construct the foregoing ira-
25O
provements in accordance with plans
and specifications approved by the
City Manager, under the inspection of
the City Engineer, and in a manner ap-
proved by the City Manager;
f. To maintain such of the foregoing
improvements as may be public im-
provements as provided in Section 3,
b, below, for a period of four (4) years
from the date of their acceptance by
the City of Dubuque, Iowa;
g. To provide the foregoing con-
struction and maintenance at the sole
expense of the subdivider, ARIC, Ltd.
as the developer;
h. To construct said improvements
prior to June ~5, 1983.
Section 2. That it is ~venanted and
agreed that Oak Brook Owners Asso.
elation, Inc., a previously established
property owners association, will pro-
vide for the maintenance, improve-
ment and development of real prope~
ty, and improvements and fixtures lo.
cared thereon, described as:
Block 7 of "Oak Brook Townhouses "
in the City of Dubuque, Iowa.
Oak Brook Owners Associatton, Inc.
has the power to levy charges and as-
sessments against members of said
corporation which shall be liens
against the property owned by the
members of said corporation within
"Oak Brook Townhouses" in the City
of ~)ubuque, Iowa for the purposes of
maintaining, developing and improv-
ing Block 7 of "Oak Brook Town-
houses" in the City of Dubuque, Iowa.
Section 3. That Block 7 of "Oak
Brook Townhouses" in the City of Du-
buque, Iowa, also known as Common
Area, shall be maintained for the pu~
poses identified on the approved final
development plan and kept in neat and
proper order. Also with regard to Block
7 of "Oak Brook Townhouses" in the
City of Dubuque, Iowa, it is under~
stood and agreed that:
a. The City of Dubuque, Iowa, shall
have a perpetual easement to enter,
and pass over and upon Block 7 of
"Oak Brook Townhouses" in the City
of Dubuque, Iowa for such ordinary
maintenance, services and emergency
services as are regularly and custom-
arfly provided by the City of Dubuque,
Iowa and for such services or duties
which the City of Dubuque, Iowa may
be obligated by law to perform on said
premises.
b. Certain improvements, as shown
on improvement plan on file in the Of-
rice of the City Engineer of Dubuque,
Iowa, within Block 7 of "Oak Brook
Townhouses" in the City of Dubuque,
Iowa sham be public improvements
Special Session June 15, 1981
and are hereby so dedicated to the City
of Dubuque, Iowa. It is understood
and agreed that upon final acceptance
by the City of Dubuque, Iowa, said im-
)rovem~nts shall be owned and main-
tained by the City of Dubuque, Iowa.
c. Certain other improvements, as
shown on the approved plans on file
with the City Engineer, within Block 7
of "Oak Brook Townhauses" in the
City of Dubuque, Iowa shall be private
improvements. It is understood and
agreed that these improvements shall
be owned and maintained by the Oak
Brook Owners Association, Inc.
d. The drives and parking areas lo-
cated on Block 7 of "Oak Brook Town-
houses" in the City of Dubuque, Iowa
shall be private drives and parking
areas and owned by Oak Brook Own-
ers Association, Inc., and shail be held
with other common property shown
upon the plan within the jurisdiction
of Oak Brook Owners Association,
Inc., and further providing that the
City may enter such drives and park-
ing areas to provide the necessary
emergency services or other services
or duties which it may be obligated by
law to perform on the premises; that
the City may enter the drives and per-
form necessary maintenance whenever
the private owner fails to do so, and
e. Ail assessable costs for main-
tenance or services, described herein,
~erfermed by the City of Dubuque,
Iowa, on, or directly benefiting, Block
7 of "Oak Brook Townhouses" in the
City of Dubuque, Iowa, sham be as-
sessed against Oak Brook Owners As-
sociation, Inc. and a lien upon said real
~roperty.
Section 4. That ARIC, Ltd. as the de-
veloper shall secure the foregoing con-
ditions by providing security in such
~orm and with such surety as may be
approved by the City Manager of the
City of Dubuque,
Section 5. That in the event the own~
ers and developer shall fail to execute
the acceptance and furnish the secu~
ity provided for in Section 4 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 plat shall not be effec-
Passed, adopted and approved this
15th day of June, 1981.
D. Michael Kihg
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, June 15, 1981
251
ACCEPTANCE OF
RESOLUTION NO. 167-81
We, the undersigned, having read
the terms and conditions of the fore-
going Resolution No. 167-81, and be-
lng familiar with the conditions there-
of, hereby accept the same and agree
to perform the conditions required
therein.
Dated at Dubuque, Iowa, this 29th
day of July, 1981.
OAK BROOK OWNERS
ASSOCIATION, INC.
By
By
Ruth C. Timmerman, a widow and not
remarried
Milton A. Avenarlas, Jr.
Janet O. Avenarius
ARIC, Ltd.
By Thomas Swift
By Gerald Swift
This is to certify that the security
provided by,the foregoing Resolution
No. 167-81 has been furnished by
ARIC, Ltd.
Dated at Dubuque, Iowa, this 29th
day of July, 1981.
W. Kenneth Gearhart,
City Manager
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
BOARDS & COMMISSIONS: Com-
municatinn of Plumbing Board sub-
mitring their resignations (5) effective
immediately; communication of
Plumbing Board (4) requesting rein-
statement.
Council Member Felderman moved
that the communications be received
and filed and approved reinstatement
of four on Plumbing Bd., and accepted
with regret the resignation of Roger
Wagner. Seconded by Council Member
Farreil. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of Jacque Merritt
advising she is no longer able to serve
on the Five Flags Commlasion, pre-
8ented and read.
Council Member Farrell moved that
the communication be received and
filed and resignation accepted with
regrets. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Dubuque Jaycees requesting trans-
fer of Beer Permit from 1023V~ Main
St. to 2300 Dodge St. (Thelsen's) on
June 19, 20 & 21st, presented and
read.
Council Member Felderman moved
that the request be approved. Second-
ed by Council Member Farreil. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
W-I Canteen requesting refund of
$100.00 on unused Cigarette License
for Jay's Quality Meats which closed
business on June 11, 1981, presented
and read.
Council Member Felderman moved
that tho refund be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farreil, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 168-81
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following, having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Adam's Shell Service 1081 University
Avenue Top 1080 University
Beanie's Cafe 1400 Central
Brian's Standard Station 3305 Asbury
Bunker Hill Pro Shop Bunker Hill Rd.
Carousel Snack Bar 555 J.F.K. Rd.
Clancy Tap 201 E. 22nd
Clubhouse 2364 Washington
Coach House Hiway 20 West
Dan's Super Standard LTD 351 Dodge
Demetri's Restaurant 665 Dodge
Dubuque Mining Co. Kennedy Mall
Dunn's Conoco Service
Jones & Locust
Fraternal Order of Eagle -568
1175 Century Dr.
Godfather's Pizza 1575 J.F.K. Rd.
252
Special Session June 15, 1981
Gomer's Bar 1105 University
Holiday Inn Motel 1111 Dodge
Jack's Tap 2093 Washington
Joe's DX Service 32nd & Jackson
K-Mart Store -4018 2600 Dodge
Kelly's Cove 2126 Central
S.S. Kresge Store -100
790 Town Clock Plaza
Molly Maguires 206 W, 3rd
Marco's Italian & American Food
2022 Central
Marty's Union 76 5th & Locust
McCann's Standard 690 W. Locust
Merchant's Hotel 304 Main
Midway Motor Lodge 3100 Dodge
Meracco Supper Club 1413 Rockdaie
Park Square Tavern 600 Central
Pickle Barrell Subs 1585 Delhi
Ponderosa Steak House
2035 J.F.K. Rd.
Randall's Foodarama 3500 Dodge
Randall's Foodarama-2 2013 Central
Redstone 504 Bluff
Ring's Fine Foods 1185 Dodge
J. W. Rumphf's 2620 University
Sears - Roebuck Co. 300 S. Locust
Sirloin Stockade 1895 J.F.K. Rd.
Spatz Maiones 225 W. 6th
StampIer's Dinette Town Clock Plaza
Target Store -86 Warren Plaza
Terry's West Side Lounge
1800 Radford Rd,
Theisen's Store 2900 Dodge
Town Clock Inn Town Clock Plaza
United Auto Workers, Local -94
3450 Central
Village Inn 1940 J.F.K. Rd.
West Dubuque Tap 1701Asbury Rd.
Woolworth's Store Kennedy Mall
Zayre Snack Bar 255 J.F.K. Rd.
Airport Inn 574 East 16th
Albert's IOCO 3200 Central
Andresen's United 229 8th
Barney's Inn 1301 Rhomberg
Buddy's 253 Main
Busy Bee Cafe 1958 Central
Choral Club Tavern 2776 Jackson
City Tavern 1401 Elm
Crane Enterprises Inc. Asbary Square
Dave's Point After 2600 Dodge
Derby Service Station 400 Rhomberg
Derby Service Station 605 Dodge
Derby Service Station 14th & Central
Derby Service Station 1685 J,F.K. Rd.
Dodge St. IOCO -33 1481 Dodge
Dog House Lounge 1646 Asbury Rd.
Donut Boy 1646 Asbury Rd,
Dubuque Bowling Lanes 1029~/2 Main
Dubuque Golf & Country Club
1800 Randall Place
Dubuque SAles & Service 2612 Dodge
Dubuque Zephyr 55 J.F.K, Rd.
Mike Finnin Ford Hwy. 20 West
Fischer Bowling Lanes 880 Locust
General Cinema Corp. of Iowa
Kennedy Mall
Grand Tap Lounge 802 Central
Grandview Drug, Inc.
486 N. Grandview
Hartig Drug Co. 700 Town Clock Plaza
Hartig Drug Co. 97 Locust
Hartig Drug Co. 2255 J.F.K. Rd.
Hartig Drug Co. 2225 Central
Heron, Inc. 709 University
Jerry's Tap 431 Rhomberg
Julien Motor Inn 200 Main St.
Kegger, The 3412 Pennsylvania
King of Clubs 1902 Central
Kopple's Market, Inc. 1098 University
Lin-Gar Inn 1399 Jackson
Lorraine's 1900 Tap 1100 Lincoln
Mescher & Teach 1233 Rhomberg
Meyer's DX 3355 Pennsylvania
Meyer's Tavern 530 W. 22nd
Milk House 2315 Windsor
Milk House 620 S. Grandview
Mister Donut 900 Dodge
Mr. Steak Restaurant 2660 Dodge
Oky Doky -11 1101 Rhomberg
Oky Doky 1050 University
Old Fashioned Saloon 1027 Rhomberg
Old Shang 1091 Main
Pipe Inn Kennedy Mall
Ray's Standard Service 1190 Dodge
Paul's Tap 176 Locust
Sid's Beverage Store 260 Southern
South End Beer Store & Lounge
139 Locust
Office Grill, The 9th & Main
Vasco Drug 703 Town Clock Plaza
Vern's Fastop 3300 Asbury Rd.
White.House Tavern 450~ W. Locust
Wheel House 1630 East 16th
Windsor Tap 2401 Windsor
American Legion 1306 Delhi
Bill-on-the-Hill 2205 Carter
Clarke College 1550 Clarke
Cooper Wagon Works 2417 Rhomberg
Cue Master Billiards 841 Central
Donut Hut LTD. 1675 J.F.K. Rd.
Donut Hut -2 2900 Central
Donut -3 607 E. 22nd
Special Session, June 15, 1981
Dubuque Marina, Inc. City Harbor
Elk's Club Lodge -297 2699 J.F.K. Rd.
H & S "76" Service 9th & Central
J & S Standard 2195 Central
Knights of Columbus 781 Locust
Loras College 1450 Alta Vista
Marie's Italian Restaurant
& Lounge 1298 Main
Shanahan DX 2501 Rhomberg
The Upper Krust 815 Century Dr.
Renny's Steak House 2617 University
Betty & Nick's Tap
Corner Tavern
Creslanes Bowling
Donovan's Food Mkt.
Kennedy's Tap
Oil Depot, The
342 W. 8th
400 Central
255 S. Main
1876 Central
3453 Jackson
1075 Dodge
Revco Discount Drug Center -3020
Warren Plaza
Revco Discount Drug Center -3016
3049 Asbary St.
Savary's Tavern 827 Dodge
Supersave Petroleum Corp. -633
(Sears) 300 S. Locust
Trausch Baking Co. 25 Main
Tri-State Catering Service
2530 N. Grandview
The Magi 1064 University
Union Cigar Store 336 Main
Passed, adopted and approved this
15th day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 169-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is-
253
sued to the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Dennis J. Sinwey & Peter J. Oeth
DO II 1895 J.F.K. Rd.
(Also Sunday Sales)
Dubuque Art Association 720 Central
Catherine Meyer 530 E. 22nd
CLASS "C" BEER PERMIT
Hy-Vee Food Stores, Inc.
3333 Asbury Rd.
(Also Sunday Sales)
Passed, adopted and approved this
15th day of June, 198i.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
RESOLUTION NO. 170-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Rea Blakeman 1046 Central
Cresinnes Bowling, Inc. 255 S. Main
(Also Sunday Sales~
Lloyd Dalsing 3750 Central
(Also Sunday Sales)
Heron Inc. 709 University
Joter Incorporated 31-35 Locust
(Also Sunday Sales)
Wilfred Kennedy 34th & Jackson
Elizabeth Krajnovich 342 W. 8th
Kenneth Jerome Love 802 Central
Eugene A. Otting 1689 Elm
Dolores E, Roeth 600 Central
254
John L. Savary 827 Dodge
Wayne Paul Schollmeyer 176 Locust
(Also Sunday Sales)
Thomas, Daniel & Jan(ce M. Smith
2417 Rhomberg
Melvin A. Spiegeihalter 1029¼ Main
Marionette S. Tindell 1097 Jackson
Passed, adopted and approved this
15th day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Fciderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Faiderman.
Nays--None.
Absent--Council Member Pratt.
MINUTES SUBMITTED: Housing
Comm. of 5-19; Human Rights of 4-9;
Five Flags Comm. of 5-18; Plumbing
Bd. of 5-21; Public Library of 5-26; P &
Z of 6*3; Transit Bd. Earnings State-
meat & Statistics of month of April
1981, P & Z submitting amendments
to Zoning Ordinance, presented and
read.
Council Member Felderman moved
that the minutes be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
NOTICE OF CLAIMS: Robert J.
Gavinaki, in amt. of $300,000.00 for
personal injuries received during an ar-
rest by police officers; Mrs. Jean Kipp,
in unknown amt. for personal injuries;
Les Sarazin, in amt. of $131.64 for
truck damages; Becnadine Schmid, in
amt. of $170 for personal injuries;
Daniel F. Sieler, in amt. of $156.50 for
personal injuries; Michael Tully et ux
in amt. of $131.84 for backed up sewer
damages, presented and read.
Council Member Felderman moved
that the claims be referred to the Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldecman.
Nays--None.
Absent--Council Member Pratt.
REFUNDS REQUESTED: Dubu-
que Invitational Softball requesting
Special Session, June 15, 1981
refund of $225.00 on unexpired Beer
Permit, presented and read.
Council Member Felderman moved
that the request be approved and Fi-
nance Director to issue proper check.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member Pratt.
Communication of Corporation
Counsel recommending settlement of
tire damage claim of Richard Welsh in
amt. of $35.00, presented and read.
Council Member Felderman moved
that the communication be received
and filed and settlement approved and
Director to issue proper
Seconded by Council Member
Farrail. Carried by the foRewlng vote:
Yeas--Mayor King, Council Mere*
bets Brady, Farreli, Felderman.
Nays--None.
Absent--Council Member Pratt.
Proof of publication, certified to by
the Publisher, of Notice of Environ-
mental Review Procedures for Com-
munity Development Block Grant
Program. presented and read.
Council Member Feldecman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman.
Nays--None.
Absent--Council Member pratt.
Communication of County Auditor
advising of Public Hearing on Engi-
neer's Report for proposed construc-
tion of improvement to Sageville
Drainage District to be held on June
29th at 7:00 P.M., presented and read.
Council Member Faiderman moved
that the communication be received
and filed. Seconded by Council Mere*
bet F. arreli. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feldarman.
Nays--None.
Absent--Council Member Pratt.
Communication of Bethany Home
submitting Auditor's Report of 1979
and 1980, presented and read.
Council Member Feldarman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farreli. Carried by the following
Special Session, June 15, 1981
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman. Nays--None.
Absent--Council Member Pratt.
Petition of Dubuque Golf & Country
Club requesting a fireworks display on
July 4th, presented and read.
Council Member Felderman move(
that the petition be approved, subject
to coordinatlon of staff. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman. Nays--None.
Absent--Council Member Pratt.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman. Nays--None.
Absent--Council Member Pratt.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted __ 1981
Council Members
ATTEST:
City Clerk
255
256
CITY COUNCIL
Special Session June 22, 1981
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
OFFICIAL
Special Session, June 22, 1981.
Council met at 4:00 P.M. (C.D.T.)
Presant--Mayor King, Council
Members Farreil, Felderman, Pratt.
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N. Rusen.
Absent--Council Member Brady.
Mayor King read the call and stated
that service thereof had been duly
made and this meeting.is called for the
purpose to AFFIRM OR REVOKE
THE CITY MANAGER'S SUSPEN-
SION OF A CIVIL SERVICE EM-
PLOYEE and acting upon such other
business which may properly come be~
fore the Council.
Communication of City Manager re-
questing the Council to affirm his deci-
sion to suspend Mr. Stanley L. Wen-
zel, a City bus driver, without pay for a
period of five (5) days, presented and
read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Communication of Mr. Stanley Wen-
zel and Amalgamated Transit Union
requesting a closed session during the
deliberation concerning his suspen-
sion, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
LET THE RECORD SHOW THAT
NEITHER THE PETITIONER OR
ANY OTHER REPRESENTATION
WERE NOT PRESENT AT THIS
MEETING WHICH CONVENED AT
4:00 P.M.
Corporation Counsel submitted an
oral opinion to deny petitioner's re-
quest for a closed session.
Council Member Felderman moved
to deny the request for a closed session
for deliberation. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Nays--None.
Absent--Council Member Brady.
Council Member Felderman moved
to affirm the City Manager's decision
for suspension of Mr. Stanley Wenzel
without pay for a period of 5 working
days. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farreil, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
RESOLUTION NO. 171-81
A Resolution providing for participa-
tion by the City of Dubuque, Iowa, in
the Formation of the Iowa Municipal
Workers' Compensation Association.
WHEREAS, the City of Dubuque,
Iowa, is subject to the provisions of
Chapter 85 and 86 of the Code of Iowa,
and is required to insure its liability
thereunder for workers' compensation,
unless relieved therefrom as provided
by statute; and
WHEREAS, Section 87.4 of the
Code of Iowa provides that a group
ations and that membership in such an
association, together with the pay-
ment of premiums due, shall be evi-
dence of compliance with Chapter 87
of the Code of Iowa; and
WHEREAS, a group of Iowa muni-
cipailties desires to form the Iowa
Municipal Workers' Compensation As-
sociation for the purpose of providing
coverage for workers' compensation
and employers' liability related to
workers' compensation; and
WHEREAS, it is in the best interest
of the City of Dubuque to participate
in the formation of such an associa-
tlon; and
WHEREAS, the City of Dubuque
reserve~ the right hereafter to decline
to become a member in such associa-
tion.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY OF DUBU-
QUE, IOWA:
Section 1. That it is hereby found
and determined to be in the best inter-
est of the City of Dubuque, lowa~ to
join with other Iowa municipalities in
the formation of the Iowa Municipal
Workers' Compensation Association.
Section 2. That the Mayor and the
City Clerk are hereby authorized and
Special Session, June 22, 1981
directed to execute and transmit the
documents necessary to effectuate
such formation.
Passed, approved and adopted this
22nd day of June, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the fonowing vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
There being no further business,
Council Member Felderman moved to
adj enrn. Seconded by Council Member
Farrefi. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell. Felderman, Pratt.
Nays--None.
Absent--Council Member Brady.
Mary A. Davis
City Clerk
Approved 1981
Adopted 1981
Council Members
ATTEST:
City Clerk
257