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