1986 May Council ProceedingsRegular Session, AprH 21, 1986
Regular Session, May 5, 'i986
Council Member Kronfeldt moved that
the proof and communications be receiv-
ed and filed. Seconded by Council
Regular Session, May 5, 1986.
Council Met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Coo
poratinn Counsel Barry A. Lindahl.
Major Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
MEETING of the City Council coiled for
the purpose to act upon such business
which may properly come before the
Council.
The Invocation was given by Rev.
Timothy Byrnes, Pastor of Holy Trini-
ty Catholic Church.
PROCLAMATIONS: May 4-11 as
"Soil and Water Stewardship Week"
received by Richard Fluhr; May llth as
"Mother's Peace Day" received by
Marilyn Condon; May 15-18 as "Dubu-
queFest Days" received by Ann
Schumacher; May 11-17 as "Transpor-
tation Week" received by Mark Payne;
Month of May as "Mental Health
Month" received by Steven
Sprengelmeyer; May 10th as "Girl
Seou,,t Clean-Up, Pick-Up and Paint
Day received by Girl Scouts; Richard
Beverly of Sears made a presentation re:
Sears 100th Birthday.
Council Member Dalch moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance to reclassify
property at 1460 Allison St. from R-2
Two Family Residential District to ID
Institutional District and approving a
Conceptual Development Plan for the
Finley Hospital ID Institutional
District at 350 N. Grandview, and Com-
municatinn of Rosella C. Schmitt re-
questing the inclusion of a stone retain-
lng wall between 1460 Allison Place and
her property at 395 College Street as
part of the Finley Hospital Conceptual
Development Plan, presented and read.
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Councll
Members Deich, Kleuaner, Krieg,
Kronfaldt, Manning. Simon.
Nays-None.
April 9, 1986
Mrs. Rosalla Sehmitt
395 College Street
Dubuque, IA 52001
Dear Mrs. Schmitt:
As you know, The Finley Hospital is
in the process of rezoning the property
qans calls for the even-
tual razing of the house on that proper-
ty and the use of that property, in the
future, as a parking lot.
When a parking lot is constructed,
The Finley Hospital will construct such
retaining wall as is required by city cede.
This retaining wall will be built of stone
in a manner which is aesthetically pleas-
ing. You and the other Finley neighbors
will be given the opportunity to review
the plans for this before construction.
Again, we stress our commitment to
continuing to be a good neighbor. Thank
you.
Sincerely yours,
Stephen C. Hanson
President
AGREED TO BY:
Robert Schmitt
Date: 4-9-85
Council Member Kranfaldt moved
his communication be made a mat-
tot of record. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ning, Simon.
Nays-None.
ORDINANCE NO. 29-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
r THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
A THEREOF, ALSO KNOWN AS
"ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA" BY RECLASSI-
FYING PROPERTY AT 1460
ALLISON STREET FROM R-2 TWO
FAMILY RESIDENTIAL DISTRICT
122 123
Regular Session, May 5, 1986
TO ID INSTITUTIONAL
DISTRICT AND APPROVING A
CONCEPTUAL DEVELOPMENT
PLAN FOR THE FINLEY
HOSPITAL ID INSTITUTIONAL
DISTRICT AT 350 N. GRAND-
VIEW, said Ordinance having been
presented and read at the Council
Meeting of April 21, 1986,
presented for final adoption.
ORDINANCE NO. 29-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 1466 ALLISON
STREET FROM R-2 TWO FAMILY
RESIDENTIAL DISTRICT TO ID
INSTITUTIONAL DISTRICT AND
APPROVING A CONCEPTHAL
DEVELOPMENT PLAN FOR THE
FINLEY HOSPITAL ID INSTITU-
TIONAL DISTRICT AT 350 NORTH
GRANDVIEW.
WHEREAS, Finley Hospital, owner
and applicant, filed an application for
reclassification of 1460 Allison Street
from R-2 Two Family Residential Dis-
trier to ID Institutlana] District and
has filed a Conceptual Development
Plan for certain properties hereinafter
described in accordance with provisions
of the ID Institationa] District Regu-
iations as set forth in Section 3-5.2 of
the Code of Ordinances, Appendix A
thereof, of the City of Dubuque; and
WHEREAS, the Planning and Zon-
lng Commission has held a public
hearing on said application for zoning
reclassification and said Conceptual
Development Plan pursuant to require
published notice; and
WHEREAS, the Planning and Zon-
ing Commission has approved said
applicatlan for zoning reclassification
anT said Conceptual Development
Plan subject to specific conditions and
restrictions having found that said
Plan confm~ns with the review stun-
dards applicable to such plans as set
forth in Section 3~5.2D(4) of the Code
of Ordinances, Appendix A thereof, of
the City of Dubuque, Iowa; and
WHEREAS, the Planning and Zon-
ing Commission recommended the con-
currence of the City Council in
approval of said Conceptual Develop-
ment Plan and said application of zon-
ing reclassification; and
WHEREAS, the City Council has
received the recotnmendation of the
Planning and Zoning Commission and
held its own public hearing on said
Conceptual Development Plan and
said application for zoning and reclas-
sification pursuant to require published
notice; and
WHEREAS, the City Council has
approved said Conceptual Develop-
ment Plan and said application for
zoning reclassification subject to the
same specific conditions and restric-
tions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Code of Ordinances
of the City of Dubuque, Iowa be
amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoniug Map of the City
of Dubuque, Iowa", by reclassifying
fi'om R-2 Two Family Residential Dis-
trict to ID Institutional District the
following described property to wit:
Lot 19 of Finley Home Addition the~
City of Dubuque, Iowa.
Section 2. That in order to accom-
plish the ptu-poses of the "ID Institu-
tional District" of the Zoning
Ordinance, of the City of Dubuque,
Iowa, the Conceptual Development
Plan for Finley Hospital, a copy of
which is attached to and made a part
hereof, is hereby adopted and approved
for the following described property to
wit:
Lot 2 of Lot 2 of Lot 2, Lot 2 of Lot
1 of Lot 1 of Lot 2 of Lot 2, Lot 2 of
Lot 1 of Lot I of Lot 1 of Lot 2 of
Lot 2, Lot 3 of Lot 2 of Lot 1 of Lot
o f
Lot I of Lot 1 of Lot 2 of Lot 2, Lot
1 of Lot 1, and Lot 1 of Lot 2 of Lot
2 all in Boxlaiter's Subdivision:
South 55 feet of Lot 5, Lot 1 of Lot
6, Lot 2 of Lot 6, Lot g of Lot 7, Lot
1 of Lot 1 of Lot 7 allan Sidonia
Hosford's Subdivision; Doctor's
Place; Lot 1 and Lot 2 of Ramp
Place; Lot 18, Lot 19, Lot 24, Lot 25,
Lot 32C, Lot I of Lot I of Lot 1, and
Lot 2 of Lot 1 of Lot I all in Finley
Home Addition; all in the City of
Dubuque, Iowa.
Section 3. That in order to accom-
pllsh the purposes of file "ID Insti-
tutional District" and of the Zoning
Ordinance, the property herein above
described is subject to the following
conditions and restrictions:
Regular Session May 5, 1986
A. Use Regulation
The following regulations shall apply
to all *roes made of land in the above
described ID Institutional District:
1) Principal permitted uses shall be
limited to the following:
a) Hospitals. (46)
b) Out patient care facilities. (36)
c) Offices for administrative person-
nel or other institutional employees
and affiliates. (14)
d) Off-street parking and hmding.
e) Classrooms, laboratories, lecture
halls, and similar places ?f institutional
~oaembly.
f) Facilities and operations for the
diagnosis, care and treatment of
human health disorders, including
examinations in operating rooms, phys-
ical therapy or x-ray facilities, psychi-
atric treatment, convalescent care and
sinfilar hospital related uses, but not to
include commercial uses or uses listed
as conditional or accessory uses for this
district. This provision shall include
~parate doctors clinics or other medi-
cai facilities not owned or operated by
the principal institution but function~
ally related to the institution and
included in the Conceptual Develop-
meat Plan. (36)
2) Accessory uses. The following uses
shall be permitted as accessory uses in
the above described ID Institutional
District:
a) Restaurants or cafeterias, flower
shops, gift shops, and candy, cigar or
magazine stands but only when
operated or located entirely within a
principal building.
b) Facilities with a compounding,
dispensing, or sales of drugs or medi-
cines, prosthetic devices, lotions or
preparations, bandages or dressings and
sinfilar medical or health related sup-
plies.
c) All uses customarily incidental to
the principal permitted use in conjunc-
tion with which such accessory use is
operatod or maintained, but not to
include commercial uses outside the
principal building.
B. Lot and Bulk Regulations
Development of land in the 1D
Institutional District shall be regulated
as follows:
l) All b~fildings, structures and acti-
vities shall be located in confornlance
with the attached Conceptual Develop-
meat Plan and all Final Site Develop-
meat Plans to be approved in
accordance with the provisions of the
1D Institutional District regulations as
provided in the Zoning Ordinance of
the City of Dubuque, Iowa.
C. Performance Standards
The development and maintenance
of uses in this ID Institutional Dis-
trict shall be established in confor-
mance the following standards, as well
as with the regulations of Section 3-5.2
of the ID Institutional District:
1) The proposed construction and
landscaping schedule shall occur as
herein dg~cribed:
a) Demolition of the existing School
of Nursing buildhig in dune, 1986.
b) Relocation of the Education
Smnex structure in July, 1986.
c) Construction commencing of a
10,000 square foot building to house
Radiation Oncology in August, 1986.
d) Installation of major equipment
in June, 1987.
e) Completion of all site improve-
meats by September, 1987.
D. Additional Standards
1) The off-street parking require-
meat for the principal permitted uses
for the herein described ID Institu-
tional District shall be as designated
by a bracket-enclosed number next to
the use, as herein described:
14) 1 space for each 400 sq. ft.
devoted to office use or 1 space for
each employee on the maximum shift
wtfichever is greator
36) .75 space for each employee on
the maximum shift plus 3.5 spaces for
each doctor (doctors are not included
as employees for calculation of this
~arking group).
45) Lecture Halls - I space for each 6
~ermanent seats. Employees - .75
spaces for each employee on the max-
imum shift
46) 1.5 spaces for each licensed or
state approved bed
2) The following described free-
standing and wall-mounted signs shall
be permitted in the 1D Institutional
District.
la) "Finley Hospital" sign on Grand-
view just north of W. 3rd Street.
lb) "Visitor Parking-Main Entrance"
sig~ on Dellfi at the drive to hospitals
main entrance and parking.
lc) "Out-PatienLs" on Delhi at the
drive to First Care Plus.
(d) "Emergency Entrance" at corner
of Delhi and Allison directing traffic to
Allison and the ER entrance.
(e) "Emergency Entrance" at the
drive off Allison to the Emergency
Room garage.
(f) A wall-mounted sign at the
entrance to the Radiation/Oncology
Unit facing north along Allison Street.
(g) Modification of these signs at
Delhi and Allison will be allowed to
125
124
Regular Session, May 5, 1986
include direction to Radiation/Onco-
logy.
3) The Conceptual Development
Plan shall be valid for a period of three
(3) years provided a final site develop-
ment plan for the lirst phases is sub-
mitted within one (1) year from the
date of approval.
E. Transfer of Ownership
1) Transfer of ownership or lease of
property in this ID Institutional Dis-
trict shall include in the transfer of
lease agreement a provision that the
purchaser or ]easee acknowledges
awarene~ of the conditions anthoriz-
nig the establishment of the distrlct~
PASSED, ADOPTED AND
APPROVED this 5th day of May,
1986.
JAMES E~ BRADY
MAYOR
ATTEST:
MARY A. DAVIS
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 9th day of May,
Mary A~ Davis
City Clerk
Council Member Kronfeldt mov-
ed final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to consider an Or-
dinance by reclassifying property
located at 3320 Crescent Ridge
from AG Agricultural District to
CS Commercial Service and
Wholesale District, presented and
read. There were no written objec-
tions received and no oral objectors
present at the time of the Hearing.
Council Member Manning moved
that the proof of publication be
received and filed. Seconded by
Council Member Krieg. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 30-86
An ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PRO-
VIDING THAT THE CODE OF
ORDINANCES BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE
AND ZONING MAP OF THE Cf-
TY" BY RECLASSIFYING PRO-
PERTY AT 3320 CRESCENT
RIDGE FROM AG
AGRICULTURAL DISTRICT TO
CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT,
said Ordinance having been
presented and read at the Council
Meeting of April 21, 1986,
presented for further action.
Council Member Manning moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two coun-
cfi meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 30-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 3320 CRESCENT
RIDGE FROM AG AGRICUL-
TURAL DISTRICT TO CS COM-
MERCIAL SERVIC'E AN D
WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", to reclassify
hereinafter described property from
"AG Agricultural District" classifica-
tion to "CS Commercial Service and
126
Regular Session May 5, 1986
Wholesale District" classification, to
wit:
Lot 2 of Mineral Lot 21la, Lot 1 of
Lot 2 of Mineral Lot 230 and Lot 1
of Lot 3 of Lot 3 of Mineral Lot 231,
in the City of Dubuque, Iowa.
Section 2. That the foregoing
amendment has heretofore been
reviewed by the Planning and Zoning
CommisSion of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 5th day of May,
1986,
JAMES E. BRADY
ATTEST: MAYOR
MARY A. DAVIS
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 9th day of May,
1986.
Mary A. Davis
City Clerk
It 5/9
Council Member Manning moved
final adoption of the Ordinance.
Seconded by Council Member
Krieg. Carried by the following
vote:
Yeas--Mayar Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to consider an Or-
dinance to amend Code of Or-
dinances by repealing Section 10-1
of Article I thereof and enacting a
new Section 10-1 of Article I thereof
to provide for the adoption of the
Uniform Building Code of 1985
presented and read. There were no
written objections received and no
oral objectors present at the time of
the Hearing. Council Member
Khiesner moved that the proof of
publication be received and filed.
Seconded by Council Member Man-
ning. Carried by the followLng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 31-86
AN ORDINANCE OF THE CI-
TY OF DUBUQUE, IOWA, PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBU-
QUE, IOWA, BE AMENDED BY
REPEALING SECTION 10-1 OF
ARTICLE I THEREOF AND
ENACTING A NEW SECTION
10-1 OF ARTICLE I THEREOF
TO PROVIDE FOR THE ADOP-
TION OF THE UNIFORM
BUILDING CODE OF 1985, said
Ordinance having been presented
and read at the Council Meeting of
April 21, 1986, presented for final
adoption.
ORDINANCE NO. 31-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
?HAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REPEAL-
ING SECTION 10-1 OF ARTICLE I
THEREOF AND ENACTING A
NEW SECTION 10-1 OF ARTICLE I
THEREOF TO PROVIDE FOR THE
ADOPTION OF THE UNIFORM
BUILDING CODE OF 1985.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 10-1
of Article I thereof and enacting a new
Section 10-1 of Article I in lieu ~hereof
;o read as follows:
"Sec. 10-1. Uniform Building Code
- Adopted.
Except as hereinafter added to,
deleted, modified or amended, there is
hereby adopted by reference as the
building code of the City that certain
building code known as the Uniform
Building Code, 1985 Edition, including
the 1985 Uniform Building Code Stan-
dards and 1985 Uniform Building Code
Appendix, as prepared and edited by
the International Conference of Build-
lng Officials of Whittier, California,
and the provisions of such building
code shall be coptrol]Jng in the con-
struction of buildings and other struc-
tures and in all matters covered by
such building code within the corpo-
rate limits of the City and shall be
known as the "Dubuque Building
Code". A copy of the Uniform Building
Cede, 1985 Edition, as adopted, shall
be on file in the office of the City
Clerk for public inspection."
Section 2. That all ordinances or
p~u'ts of ordinances in conflict with this
ordinance are hereby repealed.
PASSED, APPROVED AND
ADOPTED this 5th day of May,
1986.
JAMES E. BRADY, MAYOR
A~i~PEST:
MARY A. DAVIS, CITY CLERK
127
Regular Session, May 5, 1986
Published officially in the Telegraph
Herald newspaper this 29th day of
May, 1986.
Mary A. Davis
City Clerk
it 5/29
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Memers Deich, Kluesner
Kronfeldt, Simon.
Nays--None.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to amend the Code
of Ordinances by enacting a new
.Chapter 30 in lieu thereof pertain~
mg to revising and reenacting a
Plumbing Code for the City,
presented and read.
There were no written objections
received and no oral objectors pre-
sent at the time of the Hearing.
Council Member Kluesner moved
that the proof of publication be
received and filed. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 32-86
AN ORDINANCE OF THE CI-
TY OF DUBUQUE, IOWA,
AMENDING CHAPTER 30 of the
CODE OF ORDINANCES, BY
REPEALING SUCH CHAPTER
AND ENACTING A NEW
CHAPTER 30 IN LIEU
THEREOF PERTAINING TO
REVISING AND REENACTING
A PLUMBING CODE FOR THE
CITY OF DUBUQUE, IOWA,
REGULATING THE ERECTION,
INSTALLATION, ALTERATION,
REPAIRS, RELOCATION,
REPLACEMENT, ADDITION TO,
USE OR MAINTENANCE OF
PLUMBING EQUIPMENT AND
SYSTEMS WITHIN THE
JURISDICTIONAL LIMITS OF
THE CITY OF DUBUQUE IOWA;
PROVIDING FOR THE IS-
SUANCE OF PERMITS AND
COLLECTION OF FEES
THEREFOR; PROVIDING FOR
THE LICENSING OF PLUMBING
CONTRACTORS AND
JOURNEYMEN AND PRO-
VIDING FOR PENALTIES FOR
VIOLATION OF SAID OR-
DINANCE, said Ordinance having
been presented and read at the
Council Meeting of April 21st,
presented for final adoption.
ORDINANCE NO. 32-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, AMENDING
CHAPTER 30 OF THE CODE OF
ORDINANCES BY REPEALING
SUCH CHAPTER AND ENACTING
A NEW CHAPTER 30 IN LIEU
THEREOF PERTAINING TO
REVISING AND REENACTING A
PLUMBING CODE OF THE CITY
OF DUBUQUE, IOWA, REGULAT-
ING THE ERECTION, INSTALLA-
TION, ALTERATION, REPAIRS,
RELOCATION, REPLACEMENT,
ADDITION TO, USE OR MAINTE-
NANCE OF PLUMBING EQUIP-
MENT AND SYSTEMS WITHIN
THE JURISDICTIONAL LIMITS
OF THE CITY OF DUBUQUE,
IOWA; PROVIDING FOR THE
ISSUANCE OF PERMITS AND
COLLECTION OF FEES THERE-
FOR; PROVIDING FOR THE
LICENSING OF PLUMBING CON-
TRACTORS AND JOURNEYMEN
AND PROVIDING FOR PENAL-
TIES FOR VIOLATION OF SAID
ORDINANCE.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 30-1 of the
Code of Ordinances of the City of
Dubuque, Iowa, be amended by
repeahng Section 30-1 and enacting a
new Section 30-1 in lleu thereof as fol-
lows:
~Sec. 30-1. Uniform Plumbing Code
- Adopted.
Except as hereinafter adde~ to,
deleted, modified or amended, there is
hereby adopted by reference as the
plumbing code of the City that certain
phimbing code known as the Uniform
Plumbing Code, 1985 Edition,
including all appendices and installa-
fion standards as prepared and edited
by the International Association of
Plumbing and Mechanical Officials of
Los Angeles, California, and the provi-
128
Regular Session, May 5, 1986
sions of such plumbing code shall be
controlling for the installation, altera-
tion, repair, relocation, replacement,
addition t~l and use or maintenance of
plumbing equipment and systems in all
matters covered by such plumbing code
within the corporate limite of the City
and shall be known as the "Dubuque
Plumbing Code". A copy of the Uni-
form Plumbing Code, 1985 Edition, as
adopted, shall be on file in the Office
of the City Clerk for inspection."
Section 2. That tim Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Sections 30-
2, 30-3 and 30-4 thereof and enacting a
new Section 30-2 in lieu thereof as fol-
lows:
"Sec. 30-2. Same - Amendments -
Miscellaneous.
The Code adopted by Section 30-1 of
this chapter is hereby amended as pro-
vided in this section."
Section 10.4, Existing Installations, is
hereby mnended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Section 10.4 Existing Installations
(a) Any plumbing syste~n ]a~vfully
installed prior to the effective date of
this Code may have its existing use,
maintenance or repair continued if the
use, maintenance or repair is in accor-
dance with the original design and
location and no hazard to the pub-
lic health, safety or welfare has been
created by such system. The owner or
his desig~mted agent shall be respon-
sible for the maintenance of the
plumbing system in a safe and suni-
tory condition.
(b) Changes in Building Occu-
pancy. Plumbing systems which m'e a
part of any building or structure
undergoing a change in use or occu-
pancy, as defined in the Dubuque
Building Code, shall comply to all
requirements of this Code wlfich may
be applicable to the new use or occu-
pancy.
(c) Moved Buildings. Plmubing
systems which are a part of buildings
or structures moved into or within the
jurisdictional limits of the City shall
comply with the provisions of this
Code for new installations.
Section 20.2, Duties and Powers of the
Administrative Authority, is hereby
amended by repeafing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 20.2 Duties and Powers of
the Administrative Authority.
(a) General. The Building Official
is hereby authorized and directed to
enforce all the provisions of this Code.
For such pm'poses be shall have the
powers of a law enforcement officer.
(b) Deputies. In accordance with
the prescribed procedures of the City
of Dubuque and with the concurrence
of the City Manager, the Building
Official may appoint such number of
assistant inspectors and other employ-
ees as shall be authorized from time to
time.
(c) Right of Entry. Whenever it is
necessary to make an inspection te
enforce the provisions of this Code, or
whenever the Building Official or his
authorized representative has reason-
able cause to believe that there exists
in any building or upon any premises
any condition or violations of this
Code which make the building or
premises unsafe, insanitary, dangerous
or hazardous, the Building Official or
his authorized representative may
enter the building or premises at all
reasonable times to inspect or to per-
form the duties imposed upon the
Building Official by this Code, pro-
vided that if such building or premises
be occupied, he shall present his cre-
dentials to the occupant and request
entry. If such building or premises be
unoccupied, he shall first make a rea-
sonable effort to locate the owner or
otimr person having charge or control
of tile building or premises and request
entry. If entry is refused the Building
Official or his authorized representa-
tive, he shafi have recourse to every
remedy provided by law to secure
When the Building Official or his
authorized representative shall have
first obtained a proper inspection war-
rant or other remedy provided by law
or person having charge, care or con-
trol of any building or premises shall
fail or neglect, after proper request is
made as tmrein provided, to promptly
permit entry therein by the Building
Official or his authorized representa-
tive for the purpose of inspection and
examination pursuant to this Code.
(d) Stop Orders. Whenever any
work is being done contrary to the
provisions of this Code, the Building
Official may order the work stepped
by notice in writing served on any per-
sons engaged in the doing or causing
such work to be done, and any such
persons shah forthwith step work until
authorized by the Building Officidi to
proceed with the work.
(e) Authority to Disconnect Utili-
ties in Emergencies, The Building
Offidal or lfis authorized representa-
tive shall have the authority to dis-
129
Regular Session May 5, 1986
connect plumbing to a building,
structure or equipment regulated by
this Code in case of emergency where
necessm'y to eliminate an immediate
hazard to life or property.
(fi Authority to Order Disconnec-
tion of UtiBties, The Building Offi-
cial or his authorized representative
shall have the authority to order dis-
connection of any plumbing supplied
to a building, structure or equipment
regulated by this Code when he ascer-
tains that the equipment or any por-
tion thereof hms become hazardous or
insanitary. Written notice of such
order to disconnect service and the
causes therefor shall be given within
twenty-four (24) hours to the owner
and occupant of such building, struc-
ture or premises, provided, however,
that in cases of immediate danger to
life or property, such disconnection
may be made immediately without
such notice. The Building Official shall
immediately notify the serving utility
in writing of such order to disconnect.
(g) Authority to Condemn Equip-
ment. 'vVhenever the Building Official
ascertains that any plumbing, or por-
tion thereof, regulated by this Code
has become hazardous to fife, health,
property, or has become insanitary, he
shall order in writing that such plumb-
lng either be removed or restored to a
safe or sanitary condition, as appropri-
ate. The written notice itself shall fix a
Umae limit for compliance with such
order. No person shall use or maintain
defective plumbing after receiving such
notice.
When such plumbing is to be dis-
connected, written notice as prescribed
in Section 20.2(f) shall be given. In
cases of immediate danger to life or
property, such disconnection may be
made immediately without such
(h) Connection After Order to
Disconnect. No person shall make
connections from any energy, fuel,
power supply or water distribution sys-
tern nor supply energy, fuel or water to
any equipment regulated by this Code
which has been disconnected or
ordered to be disconnected by the
Building Official or the use of which
has been ordered to be discontinued'
by the Building Official until the
Building Official authorizes the recon-
nection and use of such equipment.
When any plumbing is m*fintained
in violation of this Code, and in vie-
lation of any notice issued pursuant
to the provisions of this section, the
Building Official may institute any
appropriate action to prevent, restrain,
connect or abate the violation.
(i) Liability. The Building Official,
or his authorized representative,
charged with the enforcement of this
Code acting in geed faith and without
malice in the discharge of his duties,
shall not thereby render himself per-
sonally liable for any damage that may
accrue to persons or property as a
result of any act or by reason of any
act or omission in the discharge of his
duties. A suit brought against the
Building Official or employee because
of such act or omission performed by
lfim in the enforcement of any provi-
sion of this Code shall be defended by
legal counsel provided by the City
until final termination of such pro-
ceedings.
This Code shall not be construed to
relieve from or lessen the responsibility
of any person owning, operating or
controlling any equipment regulated
herein for damages to persons or prop-
erty caused by defbcts, nor shall the
code enforcement agency or its parent
jurisdiction be hekt as assuming any
such liability by reason of the inspec-
tions authorized by this Code or any
approvals issued under this Code.
(j) Cooperation of Other Officials
and Officers. The Building Official
may request, and st~all receive so far
as is required, in the discharge of his
duties, the assistance and cooperation
of other officials of the City.
Section 20.3, Violation and Penalties,
is hereby amended by repealing such
section and replacing such section with
a new section in lieu thereof as fol-
lows:
Section 20.3 Violatlons and Penal-
ties.
It shall be unlawful for any person,
firm or corporation within the juris-
dictional limits of the City to erect,
cause or continue any attractive, com-
mon or public nuisance declared by
any provision of the (this) Code or
Ordinance or any cod~ or ordinance
herein adopted by reference; or to
erect, construct, enlarge, alter, repair,
move, improve, remove, convert,
demolish, equip, use, or maintain any
~lumbing system or equipment; or
cause or permit the same to be done;
contrary to or in violation of any of
the provisions of this Code or any code
or ordinance herein adopted by refer-
ence; or to fail or neglect by omission
to comply with any of the provisions of
this Code or Ordinance or any code or
ordinance herein adopted by reference.
The doing of any act, or the omission
of any act, declared to be unlawful by
this Code or Ordinance, or any code or
Regular Session, May 5, 1986
ordinance bersin adopted by reference
is declm'ed to be a misdemeanor, and
each said act shall be deemed a sepa-
rate offense for each and every day or
portion thereof during which such
unlawful act is continued or permitted
and upon convictk)n shall be punish-
able by a fine in a sum not exceeding
one hundred dofim's ($100.00) or by
imprisenment not to exceed thirty (30)
days or hy both such fine and impris-
onment. The penalty herein provided
shall be cumulative with and in addi-
tion to the revocation, cancellation or
forfeitm'e of any license or permit else-
where in this Code or Ordinance pro-
vided for violation thereof.
Section 20.4, Permit Required, is
herehy amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Section 20.4 Plumbing Code
Board.
(a) Board Established. In order to
determine the suitability of alternative
materials and methods of installation;
to provide for reasonable hiterpreta-
tions of the Plumbing Code, to serve as
an appeal body for the decisions of the
Building Official; to advise the City
Council on all plumbing regulations
and procedures; and to provide for
examining applicants for Master
Plumbers and Journeyman Plumbers
Licenses and issuing Master Plumbers
and Journeyman Plumbers Licenses;
there is hereby created the Plumbing
Code Board.
(b) Membership. The Plumbing
Code Board shall consist of five (5)
members appointed by the City Coun-
cil. One member shall hold a license
as a Journeyman Plumber of at least
five (5) years experience, two (2) mem-
bers shall be Master Plumbers who
have engaged in the plumbing business
as Master Plumbers for at least five (5)
years in this City, the fourth member
shall be one who holds a Bachelor of
Science Degree in the area of physical
sciences, and the fifth member shall
represent the public at large.
(c) Term of Office. The term of
office of all Board Members shall be
three (3) years.
(d) Rules and Regulations. The
Board shall make such rules and pre-
scribe such procedures as may be rea-
sonably necessary for its operation,
except that such rules shall include the
following:
(1) Board Chairperson. The chair-
person of the Board shall be a member
of the Board elected annually by a
majority of the Board.
(2) Secretary of the Board. The
Building Official, or Iris designee, shall
be Secretary of the Board. The Secre-
tary shall arrange for meetings and
prepare and keep such minutes and
records and perform such other clerical
work as the Board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The concurring
vote of three (3) members of the Board
shali be necessary to pass any mothm.
(4) Service Until Appointment of
Successor. Upon completion of the
term of office, members of the Plumb-
ing Code Board shall continue to serve
in their full capacity until their succes-
sor has been duly appointed.
(5) Meetings. The Plumbing Code
Board shall meet at least once every
three (3) months upon call of the
Chairperson, Secretary or City Man-
ager. Members of the Plumbing Code
Board shall attend at least two-tlfirds
(2/3) of all scheduled meetings within
a twelve~ (12-) month period. If any
member does not attend such pre-
scribed number of meetings, it shall
constitute grounds for the Board to
recommend to the City Council that
siad member be replaced.
(6) Attendance. The attendance of
all members shall be entered on the
minutes by the Secretary.
(7) Conformity with Open Meetings
Law. All meetings shall be held in con-
formance with provisions of the Iowa
Open Meetings Law.
(8) Minutes. The Plumbing Code
Board shall file with the City Council
a copy of the Minutes of each meeting
of the Board within ten (10) working
days after such meeting.
(9) Administrative Policies. All
adrhinistrative, personnel, accounting,
budgetary, and procedural policies of
the City shall govern the Plumbing
Code Board in all of its operations.
(10) Duties When Serving as an
Appeals Board. Any person who is
aggrieved by a decision of the Build-
lng Official on any requirements
resulting from the enforcement of the
Plumbing Code, may appea~ from such
decision to the Phimbing Code Board
and said Board shall serve as an
Appeal Board. In case the aggrieved
party is a member of said Board, said
member shall be disqualified as a mem-
bar of the Board acting as an Appeal
Board, until the person aggrieved has
been heard and a decision rendered.
The appeal shall be made by the
person aggrieved, giving written notice
of such appeal to the Building Official
at his office within seven (7) days of
receipt of decison from which the
appeal is taken. The Plumbing Code
130 131
Regular Session, May 5, 1986
Board sitting as an Appeal Board shall
meet within seven (7) days after
receiving such notice and render a
decision within five (5) days thereafter.
Any interested party, including the
Btfilding Official, shall have the right
to present their case to the Appeal
Board, whose decision shall be final
unless appealed to the District Com't
as provided by law.
The Board of Appeals may reverse
or modify a decision of the Building
Official only on finding that:
a. The Building Official had incor-
rectly interpreted the provision of this
Code;
b. The decision of the Building Offi-
cial creates an unnecessary hardship
upon the appellant.
In so modifying or reversing such
decision of the B~filding Official, the
Board of Appeals may authorize any
alternate to the decision of the Build-
lng Official and the provisions, pro-
vided it finds the proposed material or
method of construction is satisfactory
for the use intended and complies with
the provisions of this Code, and that
tbe nmterial, method or work offered
is, for the purpose intended, at least
equivalent to that prescribed by this
Code in suitability, strength, effective-
ness, durability, safety and sanitation.
The Board of Appeals shall require
that sufficient evidence or proof be
submitted to substantiate any claims
made regarding the use of alternates.
Section 20.5, Work Not Requiring a
Penuit, is hereby amended by repeal-
ing such section and replacing such
section with a new section in lieu
thereof as follows:
Section 20.5 Alternate Materials
and Methods of Construction.
The provisions of this Code are not
intended to prevent the use of any
material or method of construction not
specifically prescribed by this Code,
provided any such alternate has been
approved and the use authorized by
the Building Official.
The Building Official may authorize
any alternate, provided he finds the
proposed design is satisfactory for the
intended use and cmnplies with the
provisions of tiffs Code and that the
material, method of work offered is. for
the pmTose intended, at least equiva-
lent to that prescribed by this Code in
suitability, strength, effectiveness,
durability, safety and sanitation.
The Building Official shall require
that sufficient evidence or proof be
suhinitted to substantiate any clahns
made regarding the use of alternates.
The details of any action granting
approval of an alternate shall be
recorded and shall be entered in the
files of the Building Services Division.
Section 20.6, Application for Permit, is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Section 20.6 Modifications and
Tests.
(al Modifications. Whenever there
are practical difficulties involved in
carrying out the provisions of this
Code, the Building Official may grant
modifications for individual cases, pro-
vided he shall fn-st find that special
individual reason makes the strict let-
ter of this Code impractical and the
modification is in confonuity with the
intent and purpose of this Code and
that such modification does not lessen
health, life and fire safety require-
ments. The details of action granting
modifications shall be recorded and
entered in the files of the Building Ser-
'vices Division.
(b) Tests. Whenever there is insuf-
ficient evidence of compliance with the
provisions of this Code, or evidence
that a material or method does not
conform to the reqhirements of this
Code, or in order to substantiate
claims for alternate materials or
methods, the Building Official may
require tests as evidence of compliance
to be nmde at no expense to the juris-
diction.
Test methods shah be as specified
in this Code or by other recognized
test standards. In the absence of recog-
nized and accepted test ~ne~hods, the
Building Official shall specify the test-
ing procedures.
All tests shall be performed by an
approved agency. Reports of tests shall
be reteined by the Building Official for
the period required for retention of
public records.
Section 20.7, Code of Permit, is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 20.7 Permits.
(al Permits Required. It shall be
unlawful for any person, firm or cot-
poratton to make any installation,
alteration, repair, replacement or
remodel any plumbing system regu-
lated by this Code except as permit
ted in subsection (b) of this section,
or cause the same to be done without
first obtaining a separate Plumbing
Pernfit for each separate building or
s~ructure.
(b) Exempt Work. A Plumbing Per-
mit will not be required for the fol-
lowing:
Regular Sessi.________on, May 5, 1986
(1) The clearing of stoppages or
repairing of leaks in drains, soil, waste
or vent pipes; provided, however, that
should any concealed trap, drainpipe,
soil, waste or vent pipe is removed and
replaced with new material, the same
shall be considered as new work and a
permit shall be procured and inspec-
tion made.
(2) The clearing of stoppages or
repairing of leaks in piping and/or
valves when such repairs do not
involve or require the replacement or
rearrangement of piping and/or
valves.
(3) The replacement of inoperable,
broken or Jamaged fixtures, faucets or
tanks; provided, however, that replace-
ment items meet the requirements of
the Dubuque Plumbing Code.
Section 20.8, All Work to be Inspected,
is hereby amended by repealing such
section and replacing such section with
a new section in lieu thereof as fol-
Section 20.8 Application for Per-
mit.
(al Application for Permit. To
obtain a permit, the applicant must be
a Master Phimber ficensed by the City
except as provided by Section 20.13 of
tbis Code. The applicant shall first file
an applicafion therefor in writing on a
form furnished by the code enforce-
ment agency for that purpose. Every
such application shall:
(1) Idenfify and describe the work
to be covered by the permit for which
application is nmde.
(2) Describe the land on which the
proposed work is to be done by legal
description, street address, or similar
description that will readily identify
and definitely locate the proposed
building or work.
(3) Indicate the use or occupany for
which the proposed work is intended.
(4l Be accompmfied by plans, dia-
grams, computations and spe¢ificauons
and other data as required in subsec-
tion (b) of this section:
(5) Be signed by permittee or his
authorized agent, who may be required
to submit evidence to indicate such
authority.
(6) Give such other data and infor-
marion as may be required by the
th) Plans and Speeifhiations.
Plans, engineering calculations, dia-
grams and other data shall be submit-
ted in one or more sets with each
application for a permit. The Build-
ing Official may require plans, eonl-
putations and specifications to be
prepared by an engineer or architect
licensed by the State to practice as
such,
EXCEPTION: The Building Official
may waive the submission of plans,
calculations or other data if he finds
that the nature of the work appfied for
is such that reviewing of plans is not
necessary to obtain compliance with
this Code.
(c) Information on Plans and
Specifications. Plans and specifica-
tions shall be drawn to scale upon sub-
stantial paper or cloth and shall be of
sufficient clarity to indicate the loca-
fion, nature and extent of the work
proposed and show in detail that it will
coliform to the provisions of this Code
and relevant laws, ordinances and reg-
ulations.
Section 20.9, Notification, is hereby
amended by repeafing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 20.9 Permit Issuance.
(al Issuance. The application,
plans, specifications and other data
filed by an applicant for permit shall
be reviewed by the Building Official.
Such plans may be reviewed by other
departments of this jurisdiction to ver-
ify compliance with applicable laws
under their jurisdiction. If the Building
Official finds that the work described
in an appfication for a permit and the
plans, specifications and other data
filed therewith conform to the require-
ments of this Code and other pertinent
laws and ordinances, and that the fees
specified in Section 20.10 have been
paid, he shall issue a permit therefor to
the applicant.
When the Building Official issues the
permit where plans are required, he
shall endorse in writhig or stamp the
plans and specifications
"APPROVED." Such approved plans
and specifications shall not be changed,
nodified or altered without authoriza-
133
132
Regular Session May 5, 1986
computations shall be retained by the
Building Official until final approval
of the work covered therein. One set
of approved plans and specifications
shall be returned to the applicant, and
said set shall be kept on the site of
the building or work at all times dur-
ing which the work authorized thereby
is in progress.
(c) Validi'"'tY of Permlt. Th e
issuance of a permit or approval of
plans and specifications shall not be
construed to be a permit for, or an
approval of, any violation of any of
the provisions of this Code or of other
ordinance of the City of Dubuque. No
permit presuming to give authority to
violate or cancel the provisions of this
Code shall be valid.
The issuance of a permit based upon
plans, specifications and other data
shall not prevent the Building Official
from thereafter requiring the correction
of errors in said plans, specifications
and other data or from preventing
building operations being carried on
thereunder when in violation of tbis
Code or of other ordinances of the City
of Dubuque.
(d) Expiration. Every permit issued
by the Building Official under the pro-
visions of this Code shall expire by lim-
itation and become null and void if the
work authorized by such permit is not
commenced within one hundred eighty
(180) days from the date of such per-
mit, or if the work authorized by such
perufft is suspended or abandoned at
any time after tbe work is commenced
for a period of one hundred eighty
(180) days. Before such work can be
recommenced, a new permit shall be
first obtained to do so, and thc fee
therefor shall be one-half (1/2) the
amount required for a new permit for
such work, provided no changes have
been made or will be made in the ori~,d-
nal plans and specifications for such
work, and provided further that such
suspension or abandonment has not
exceeded one year.
Any permittce holding an unexpired
pe~nit nmy apply for an extension of
tfie time within wifich he may com-
mence work under that permit when
he is unable to commence wm'k within
tlCe lime required by this section for
good and satisfactory reasons. The
Building Official may extend thc time
for action by the permittee for a period
not exceeding one lmndred eighty (180)
days upon written request by the per-
mittee showing that circumstances
beyond the control of the permittee
have prevented action from being
taken. No permit shall be extended
action on a permit after expiration, the
~ermittee sbafi pay a new full permit
fee.
~) Suspension or Revocation.
The Building Official may, in writing,
suspend or revoke a permit issued
under the provisions of this Code
whenever the permit is issued in error
or on tbe basis of incorrect information
supplied or in violation of other ordi-
nance or regulation of the City of
Dubuque.
Section 20.10, Stop Orders, is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as fuilows:
Section 20.10 Fees.
(a) Permit Fees. The fee for each
permit shall be as set forth in Table
No. 20-A.
(b) Plan Review Fees. When a
dan or other data are required to be
submitted by subsection (b) of Section
20.8, a plan review fee slmll be paid.
The plan review fees for plumbing
work shall be as ~t forth in Table No.
20-A.
(c) Expiration of Plan Review.
Applications for which no permit is
issued withui one hundred eighty (180)
days following the date of application
shall expire by limitation and plans
and other data submitted for review
may thereafter be returned to the
applicant or destroyed by the Building
Official. The Building Official may
extend the time for action by the
applicant for a period not exceeding
one hundred eighty (180) days upon
request by the applicant showing that
ircumstances beyond the control of
the applicant have prevented action
from being taken. No application shall
be extended more than once. In order
to renew action on an application after
expiration, the applicant shall resubmit
)lans and pay a new plan review fee.
(d) Investigation Fees: Work
Without a Permit
(1) Investigation. Whenever any
work for which a permit is required
by this Code has been commenced
without first obtaihing said permit a
special investigation shall be made
before a permit nmy be issued 1hr such
work.
(2) Fcc. An investigation fcc, in
addition to tbe permit fee, shall be col-
lected whether or not a permit is then
or subsequently issued. The investiga-
tion fee shall be equal to the amount
of the permit fee that would be
required by ttfis Code if a permit were
to be issued. The payment of such
investigafion fee shall not exempt any
134
Regular Session, May 5, 1986
person from compliance with all other
provisions of this Code nor from any
penalty presctibed by law.
(e) Inspection Fees. A fee shall be
paid for inspections made outside of
normal bushiess hours and for inspec-
tions for which no fees are specifically
indicated. Inspection fees shall be as
set forth in Table No. 20-A. (f) Fee Refunds.
(1) The Buildhig Official may autho-
rize tim refunding of any fee paid here-
under wlficb was erroneously paid or
collected.
(2) The Builifing Official may autho-
rize thc refunding of not more than
eighty percent (80%) of the permit fee
paid when no work has been done
under a permit issued in accordance
with tiffs Code.
(3) Tbe Building Official may autho-
rlze tbe refunding of not more than
eighty percent (80%) of the plan review
fee paid when an application for a per-
mit for wifich a plan review fee has
been paid is withdrawn or cancelled
before any plan review effort has been
expended.
The Building Official shall not
authorize the refunding of any fee paid
except upon written application filed
by the original permittee not later
than one hundred eighty (180) days
after the date of fee payment.
Section 20.11, Suspension or Revoca-
tion, is hereby amended by repealing
such ~ction and replacing such sec-
tion with a new section in lieu thereof
as follows:
Section 20.11 Inspections.
(a) General. All plmnbing systems
for which a permit is required by this
Code sllall be inspected by the Build-
ing Official. No portion of any phimb~
lng system akall be concealed until
inspected and approved. Neither the
Building Official nor the City shall be
liable for expense entailed in thc
removal or replacement of material
required to permit hispectlan. When
the installation of a plumbing system
is complete, an additional and final
inspection shall be made. phimbing
systems regulated by tlfis Code shall
not be connected to the water or
energy fuel supply nor the sewer sys-
tem until autborized by the Buildinl
Official.
(b) Operation of Plumbing Equip-
ment. Tbe requirements of this sec-
tlan shall not be construed to prohibit
thc operation of any plumbing
installed to replace existing equipment
or fixtures serving an occupied portion
of thc building in the event a request
for inspection of such equipment or
fixture has been filed with the Building
Official more than forty~eight (48)
after such replacement work is
completed, and before any portion of
such plumbing system is concealed by
any permanent portion of the build-
rog.
(c) Testing of Systems, All plumb-
ing systems shall be tested and
approved as requi~ed by this Code.
(d) Inspection Requests. It shall
be the duty 'of tbe person doing the
work authorized by a permit to notify
tbe Building Official thag such work is
ready for inspection. The Building
Official may require that every request
for inspection be filed at least one
working day before such inspection is
desired. Such request may be in writing
or by telephone at the option of the
Building Official.
It shall be the duty of the person
requesting in~ections required by tbis
Code to pro,de access to and means
for proper inspection of such work.
(e) Other Inspections. In addition
~ the called inspections required by
tl~s Code, the Building Official may
m~e or require otber inspections of
any phimbing work ~ ascertain com-
pliance with the provisions of this
Code and other laws which are
enforced by tbe Building Services Divi~
sion.
(f) Reinspeetions. A reinspection
~hen such portion
of work for ~v~ch inspection is called is
not complete or when required correc-
tions have not been mede.
This provision is not to be inter-
uiting reinspection fees
tlie first time a job is rejected for fail-
ure ~ comply with the requirements of
this Code, but as controlling the prac-
bee of calling for inspections before the
job is ready for inspection or reinspec-
Rdnspection ibes may be assessed
when tile approved plans are not rea~
dily av~lable to the Inspector, for fail-
um to pro.de aceegs on the date for
w~ch inspection is requested, or for
deviating from plans requiring the
approval of the Building Official.
To ob~in reinspection, the applicant
shall file an application therefi)re in
wdhng upon a form furnished for that
pay the reinspection fee in
accordance ~th Table No. 20-A.
In instances where reinspection fees
have been assessed, no additional
inspection of the work will be per-
formed until the required fees have
Section 20.12, Liability, is hereby
135
Regular Session, May 5, 1986
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 20.12 Connection
Approval.
(a) Energy Connections. No per-
son shall make connections from a
source of energy or fuel to any plumb-
ing system or equipment regulated by
this Code and for which a permit is
required until approved by the Build-
ing Official.
(b) Other Connections. No person
shall make connection from any water
supply line nor shall connect to any
sewer system regulated by this Code
and for which a permit is required
until approved by the Building Offi-
(c) Temporary Connections. The
Building Official may authorize tem-
porary connection of the plumbing
equipment to the source of energy or
fuel for the purpose of testing the
equipment.
Section 20.13, Unconstitutionality, is
hereby amended by repeahng such ~c-
tion and replacing such section with a
new section in lieu thereof as follows:
Section 20.13 Master Plumbers and
Journeyman Plumbers Licensing
and Examination: Apprentice
Plumber Registration.
(a) Definitions. As used in this sec-
tion, the following terms shall have the
definitions as specified herain:
(1) Apprentice shall mean any per-
son who does not hold a license as a
Journey~nan Plumber or Master
Plumber and is assisting in the instal-
lation, alteration or repair of plumbing
equipment and systems.
(2) Journeyman Plumber shall mean
any person having the necessary quali-
fication, training, experience and tech-
nical knowledge to do plumbing work
in accordance with current phimbing
ordinances of the City.
(g) Master Plumber shall mean a per-
a. Engaged in the business of erect-
ing, installing, altering, repairing, relo-
cating, replacing, adding to o r
maintaining any phimbing equipment
or syste~ns;
b. Skilled in the planning, supervis-
ing and practical installation of
plumbing equipment and systems;
c. Familiar with the codes, rules and
regulations governing the installation
of phimbing equipment in the City;
and
d. Licensed under the provisions of
tiffs chapter.
(b) Master Plumber's License
Required. Except for the spedific
exemption provided by subsection (d)
of this section, no person shall engage
in the business of erecting, installing,
altering, repairing, relocating, replac-
ing, adding to or maintaining any
plumbing equipment or systems within
the jurisdiction of the City without
first obtaining a Master Plumber's
License.
(c) Employment of Licensed
Plumbers Required. Master Plumb-
ers shall not employ any person to
install, alter, repair, replace, remodel,
add to or maintain any plumbing
equipment or system unless such per-
son is a Licensed Master Plumber,
Licensed Journeyman Plumber, or
Registered Apprentice,
(d) Owner-Occupant Exemption.
The owner-occupant of a single-fam-
ily dwefiing, who resides, or will reside
in that single-family dwelling with no
other person than the members of the
immediate family, may personally per-
fonn plumbing work within that build-
ing (excluding the building sewer and
water service pipe), without obtaining
a Master Plumber's or Journeyman
Plumber's License, provided that the
owner-occupant shall first apply for
and obtain a permit from the Building
Ofiicial for such act required by this
Code, and have all such work inspected
and approved by the Building Official
and conform with all other applicable
requirements. No person quahfying for
the owner-occupant exemption shall be
eligible for a subsequent exemption or
any other structure for seven (7)
years.
(e) Qualifications - Master
Plumbers. A Master Plumber shall
have a general practical knowledge of
the pm'pose and method of the con-
struction of plmnbing work, be compe-
tent to plan and supervise the
installation of plumbing and shall be
required to have some knowledge of
mechanical drawing and pass a satis-
factory examination showing he has
tbe above qualillcations an(~ is entitled
to a license as a Master Plumber.
(f) Qualifications - Journeyman
Plumbers. A Journeyman Plumber
must be able to read blueprints, do
simple mathematical problems, and
must know the City Plumbing Ordi-
nances and the rules and regulations
of the local or .tare Beards of Health
governing plumbing. He shall pass a
satisfactory examination showing that
he has the above qualifications and is
capable of perfbrming practical phimb-
lng and is entitled to a license as a
Journeyman Phimber.
(g) Apprentices to be Registered,
136
Regular Sessi__.~on, May 5, 1986
Fee; Employment of Unregistered
Apprentices Prohibited. No Master
Phnnber shall hire or employ or have
in his employ, any Apprentice to per-
form any plumbing work unless the
Apprentice is actually in the presence
of and with a Licensed Plumber. Every
person who desires to perform the work
of an Apprentice Plumber shall register
their name as an Apprentice with the
Plumbing Board at the time of enter-
lng such employment, and on or before
the first (tat) day of February of each
year thereafter so long as such
employment shall continue.
The Apprentice shall be charged six
dollars and twenty-five cents ($6.25)
registration initially, and annually
thereafter upon registqcation. No Mas-
ter Plumber may hire or employ, or
have in his employ, any Apprentice
Plumber wino is not registered with the
Plumbing Board.
(h) Examination Required; Appli-
cation Fee; Reexamination Upon
Failure of Examination. Any person
de.~di'ing te be examined for a license
a~q a Jottrneyman Plumber or Master
Phimber as determined by this Arti-
cle, by the Plumbing Board, shall
make application to the Plumbing
Board on blanks furnished by the
Board, setting fortb information nec-
essary to establish tfis quahfications as
such; and payment of an exa~nination
fee of twenty-five dollars ($25.00) for
examination for a Master Plumber,
and twelve dollars and fifty cents
($12.50) for examination for a Journey-
man plumber. Persons failing an exam-
ination in pm, t or in whole, who desire
to take the exam again must make
application for the exam and pay the
exam fee as required in the first
instance. Persons passing the practical
part of an examination shall not be
required to take the practical part in
subsequent examinations. The fee for
an examination shall not include the
fee for the issuing of the initial
license.
(i) Fee for License Issuance.
Apphcants who successfully pass an
examination sbali pay a fee of twenty-
five dollars ($25.00) for an initial Mas-
ter Plmnber's License, or twelve do fiats
and fifty cents ($12.50) for an initial
Journeyman phimber's License.
(j) Renewal of Licenses, Fee;
Failure to Renew. Licenses issued
under this Article may be renewed
annually upon payment of renewal fee
on or before Jannary 31st of each year
lb flowing the year in which the hcense
was first issued. The date of such
renewal shall be endorsed on the
license, In the event the holder of any
such llmnse shall fail to renew the
same in the manner herein provided,
the license shall expire and a new
license shall not be issued without
making application for a new license;
raying the fee therefor and submitting
to an exmuination as required in the
first instance. The annual renewal fee
shall be twenty-five dollars ($25.00) for
a Master Phimber's License and twelve
dollars and fifty cents ($12.50) for a
Journeyman Plumber's License.
(k) Revocation of Licenses;
Appeal. In addition to any other pen-
cities, when any holder of a license
issued under the provisions of the Code
shall t~ave been convicted of more than
one violation of the provisions hereof,
tbe Plumbing Board may, in its discre-
tion, revoke such license, whereupon
tbe holder slmli on receipt of written
notice of such revocation, surrender
such license.
In the event any person shall feel
aggrieved by the action of the Board
in revoking their license, they ~nay
appeal fro. such action to the City
Council by filing written notice of
appeal within ten (10) days from the
date of maifing of such notice. The
Council shah give five (5) days writ-
ten notice of the date and time of
hearing to the appealing party Phimb-
lng Board and the Building Official.
Upon hearing the City Council may
affirm, modify or overrule the action of
the Board.
Section 20.14, Board of Appeals, is
hereby amended by repealing such sec-
tion.
Section 208, Use of Copper Tubing, is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as fo flows:
Section 203 Use of Copper Tubing.
(a) Copper tube for underground
drainage and vent piping shall be tem-
pered copper tube Type L or Type K.
(b) Copper tube for above ground
drainage and vent piping shall be Type
Lor TypeK.
(c) Copper tube shall not be used for
chemical or industrial wastes as
defined in Section 612 of this Code.
(d) Copper tube for building supply
piping shall be Type K to the point of
entrance to a building or structure.
Water distribution pipe within a build-
ing or structure shall be Type L or
Type K.
EXCEPTION. Type M copper tube
may be used in one m;d two-family
dwellings within the structure only
when piping is above ground or floor
slab.
137
Regular Session, May5, 1986
(e) In addition to the required
incised marking, all hand drawn cop-
per tubing shall be marked by means
of a continuous and indelibly colored
stripe at least one quarter inch (1/4")
(6.4mm) in width as follows: Type
green; Type L, blue; Type M, red;
Type DWV, yailow.
(f) Listed flexible water connectors
shall be installed in exposed locatio ns.
Section 209, Back Water Valves, is
hereby amended by repealing such sec-
tion and replachig such section with a
new section in lieu thereof as follows:
Section 209 Back Water Valves.
Backwater valves shall have all
bearing part of corroaion-resistant
material, and shall be so constructed
as to insure a positive mechanical seal
and to remain closed except when dis-
charging wastes. Such valves shall
remain sufficiently open during periods
of low flows to avoid screening of
solids and, when fully opened, shall
have a capacity not less than that of
the pipes in which they are instafied.
Unless otherwise listed, valve access
covers shall be bolted type with gas-
ket and each valve shall bear the man-
ufacturer's name cast into body and
cover. Backwater valves shall be
installed so that their working parts
will be accessible for service and
repairs.
Section 318, Inspection and Testing, is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Section 318 Testing of Plumbing
Work.
(a) Inspections.
(1) Scope. All new plumbing work
and such portions of existing systems
as may be affected by new work, or
any changes, shall be inspected by the
Building Official or a duly authorized
representative as required in Section
20.11 of this Code.
(2) Responsibility. It shall be the
duty of the holder of a pernsit to make
sure that the work will stand the test
prescribed before notifying the Build-
lng Official that said work is ready for
inspection.
(3) Test. Tests shall be conducted in
the presence of the Building Official
or a duly authorized representative.
(4) Retosfing. If the Building 0ffi-
cial finds that the work will not pass
the required test, necessary corrections
shall be made and the work shall then
be resubmitted for test or inspection.
(b) Testing.
(1) Responsibility. The equipment,
material and labor necessary for
inspection or tests shall be furnished
by the person to whom the permit is
issued or by whom inspection is
requested.
(2) Media. The piping of the plumb-
lng, drainage and venting systems simli
be tested with water or air. The Build-
lng Official may require the removal
of any cleanouts, etc., to ascertain if
the pressure has reached all parts of
the system. After the plumbing fixtures
have been set and their traps filled
with water, they shall be submitted to
a final test.
(3) Water Test. The water test shall
be applied to rim ddrainage and vent
systems either in its entirety or in sec-
tions. If applied to the entire system,
all opeuings in the piping system shall
be tightly closed, except the highest
opening, and the system filled with
water to the point of overflow. If the
system is tested in sections, each open-
ing shall be tightly plugged except the
t~ghest opening of the section under
test, and each section shall be filled
with water, but no section shall be
tested with Ness than a ten foot (10')
(3m) head of water. In testing suc-
cessive sections, at least tim upper ten
feet (10') (3m) of the next preceding
section shall be tested, so that no joint
or pipe in the building (except the
upper most ten feet (10') (3m) of the
system) shall have been submitted to a
test of less than a ten foot (10') (3m)
head of water. The water shall be kept
in the system, or in the portion under
test, for at least fifteen (15) minutes
before inspection starts. The system
simll then be tight at all points.
(4) Air Test. The air test shall be
made by attaching an air compressor
testing apparatus to any suitable open-
lng, and, after closing all other inlets
and outlets to the system, forcing air
into the system until there is a uniform
gauge pressure of five (5) pounds per
square inch (34.5kPa) or sufficient to
balance a column of mercury ten
inches (10") (254mm) in height. The
pressure shall be held without intro~
duction of additional air for a period of
at least fiteen (15) minutes.
(5) Building Sewer Test. The build-
lng sewer shall be inspected and
approved by the Building Official
before being concealed. Neither the
Building Official nor the City shah be
liable for expense entailed in the
removal or replacement of material
required to permit inspection.
(6) Water Piping. Upon completion
of a section or of the entire hot and
cold water supply system, it shall be
~ested and proved tight under a water
pressure t~st not less than the work-
Regular Session, May 5, 1986
lng pressure under which it is to be
used. The water used for test simll be
obtained from a potable source of sup-
ply.
A fifty (50) pounds per square inch
(344.5kPa) air pressure may be substi-
tuted for the water test. In either
method of test, the piping shall with-
stand the test without leaking for a
period of not less than fifteen 05)
(7) Defective Systems. An air test
shall be used in testing the sanitary
condition of the di'ainage or plumbing
system of any building premises when
there is reason to believe that it has
become defective.
(8) Moved Structures. All parts of
the plumbing systems of any building
or structure that is moved into or
within the jurisdictional hinits of the
City, simll be completely tested as pre-
scribed elsewhere in this section for
new work, except that walls or floors
need not be removed for such test
when other equivalent means of
inspection acceptable to the Building
Official ~re provided.
(9) Test Waived. No test or inspec-
tion shall be required where a phimb-
lng system, or part thereof, is set up
for exhibition purposes and has no
connection with a water or drainage
wstem.
(10) Exceptions. In cases where it
wound be impractical to provide the
aforementioned water or air tests, or
for minor installations and repairs, the
Building Official, at his discretion, may
make such inspection as he deems
advisable in order to assure himself
that the work has been performed in
accordance with the intent of this
Code.
(11) Tests for Shower Receptors.
Shower receptors shall be tested for
water tightness by filing with water to
the level of the rougt~ tbresimld. The
test plug shah be so placed that both
upper and under sides of file subpan
shall be subjected to the test at the
point where it is clamped to the drain.
Section 319, Maintenance, is hereby
amended by deleting such section.
Section 320, Existing Construction, is
hereby amended by deleting such sec-
tion.
Section 321, Health and Safety, is
hereby amended by deleting such sec-
Section 322, Validity, is hereby
amended by deleting such section.
Section 401, Materials, is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 401 Materials.
(a) Drainage piping abovcground
within buildings shall be of' brass pipe,
copper tube Type L or Type K, cast-
iron soil pipe, galvanized steel pipe,
lead pipe, ABS or PVC-DWV Schedule
40 plastic pipe.
(1) Galvanized steel pipe shall be
kept at least six inches (6") (152.4mm)
above gq'ound.
(b) Underground building drains
hall be of castdron soil pipe, tempered
copper tube Type L or Type K, ABS
or PVC-DWV Schedule 40 plastic pipe,
or extra-strength vitrified clay pipe.
(1) Vitrified clay pipe shall be kept
at least twelve inches (12") (.3m) below
ground.
(c) Drainage fitting shall be of cast
iron, ~naileable iron, lead, brass, cop-
per, ABS, PVC, vitrified clay or other
approved matorials having a smooth
in[esior waterway of the same diame-
ter as the piping served and all such
fittings shall conform to the type of
(1) Fittings on screwed pipe shall be
of the recessed drainage type. Burred
ends simll be reamed to the full bore of
the pipe.
(2) The tkn'eads of drainage fittings
shall be tapped so as to allow one-
fourth inct~ (1/4") per foot (20.0mm/m)
grade.
(d) ABS and PVC-DWV piping
installations shall be limited to those
structures where combustible construc-
tion is allowed.
Section 503, Materials, is hereby
anmnded by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 503 Materials.
(a) Vent piping aboveground in
buildings shah be of brass pipe, cop-
per pipe, copper tube, Type L or Type
K, cast&mn soil pipe, galvanized steel
pipe, lead pipe, ABS or PVC-DWV
Schedule 40 plastic pipe.
(b) Vent piping underground shall be
cast-iron soil pipe, copper tube Type L
or Type K, ABS or DWV Schedule 40
plastic pipe or extra-strength vitrified
clay pipe.
(1) Extra-strength vitrified clay pipe
shall be used with compression joints
or couplings and simll be kept at least
twelve inches (12") (.3m) below
ground.
(c) Vent fittings shall be cast iron,
galvmfized mafieable iron or galvanized
steel, lead, copper, brass, ABS, PVC or
other approved matefials except that
no galvanized malleable iron or gal-
vanized steel fittings shall be used
underground and shall be kept at least
138 139
Regular Session, May 5, 1986
six inches (6") (152.4mm) above
~ound.
(d) Changes in direction of vent pip-
ing shall be made by thc appropriate
use of approved fittings and, with the
exception of copper tube, no such pipe
shall be ~rained or bent. Burred ends
shall be reamed to the full bore of the
Section 702, qYaps Protected by Vent
Pipes, is hereby amended by repealing
suct~ section and replacing such section
with a new section in lieu thereof as
follows:
Section 702 Traps protected by
Vent Pipes.
(a) Each plumbing fixture trap,
except as oti~crwise provided in this
Code, shall be protcctod against
siphonage and back pressure, and an
air circulation assured throughout all
parts of the drainage system by means
of a vent pipe installed in accordance
with the rcqnirements of this Code.
(b) Each fixture trap shall have a
protecting vent so located that thc
developed length of the trap arm fi'om
the trap weir to the inner edge of the
vent shall be witlffn ti~e distance g~ven
in Table 7-1.
TABLE 701
HORIZONTAL DISTANCE
OF TRAP ARMS
(Except for Water Closets
and Similar Fixtures)
Trap Arm Distance - Trap to Vent
Inches Feet Inches
2 8 0
3 12 0
4 & larger 12 0
Section 1004, Materials, is hereby
amended hy repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section 1004 Materials.
(a) Building supply water piping to
the point of entrance to the building
shall be made of copper tube Type K,
or cast-iron water pipe.
(b) Water distributing piping shall be
of brass pipe, copper tube Type L or
Type K, copper pipe, galvanized
wrought iron pipe, galvanized open-
hearth pipe, galvanized steel pipe~or
approved plastic pipe.
EXCEPTION: Type M copper tube
may be used in one-and two-family
dwellings within the structure only
when piping is above ground or floor
slab.
(c) All materials used in the water
supply systom, except valves and sim-
ilar devices shall bc of a like material,
except where otherwise specifically
approved hy thc Building O flicial
(d) Cast iron fittings up to and
including two inches (2") (50.Smm) in
size, when used in potable water pip-
nit, shall be galvanized.
(e) All malleable iron water fittings
shall be galvanized.
(f) Pipiqg and tubing which has pre-
viously been used for any purpose
other than for potable water systems
shall not be used.
(g) Approved plastic piping installa-
tions shall be limited to those struc-
tures where combusfible construction is
allowed.
Section 1103, Building Sewer Materi-
als, is hereby amended by repealing
such section and replacing such sec-
tion with a new section in lieu thereof
s follows:
1103 Building Sewer
(a) The building sewer, beginning
she foundation or outer walls of
any structure, shall be of either cast-
fi'on soil pipe or vitrified clay pipe.
(b) Joining methods and materials
shall be as prescribed in Chapter 8 of
tiffs Code.
Section 1206, Inspections, is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
(a) Upon complefion of the installa-
tion, alteration or repair of any gas
piping, and prior to the use thereof,
the Building Official shall be notified
that such gas piping, is ready for
inspection.
(b) All excavations required for the
installation of underground piping
shall be kept open until such time as
the piping has been inspected and
approved. If any such piping is covered
or concealed before such approval it
shall be exposed upon she direction of
the Building Official.
(c) The Building Official or his
designee shall make the following
inspections and shall either approve
that portion of the work as completed,
or shall notify the permit holder
he same fails to comply with
(1) Rough Piping Inspection. This
inspection shall be made after all gas
piping authorized by the permit has
been installed, and before any such
piping has been covered or concealed,
or any fixt~ce or appliance has been
attached thereto. This inspection shall
include a determination that the gas
piping size, material and installation
140
Regular Session,
meet the requirements of this Code.
(2) Final ]~iping Inspection. This
inspection shall be made after all pip-
ing authorized by the permit has been
installed and afier all portions thereof
wlfich are to be covered or concealed
are so concealed and before any fix-
tures, appliance or shutoff valve has
been attached thereto.
Tiffs inspection shall include an air
pre.ute test, at which time the gas
piping shall stand a pressure of not
less than ten (10) pounds per square
inch (68.9kPa) gauge pressure, or at the
discretion of the Administrative
Authority, the piping and valves may
be tested at a pressure of at least six
inches (6") (152.4mm) of mercury,
gauge. 'Pest pressures stmfi be held for
a length of time satisfactory to the
Administrative Authority, but in no
case for less than fifteen (15) minutes,
and with no perceptible drop in
pressure. For welded piping, and for
piping carrying gas at pressures in
excess of fourteen inches (14") (.4m)
water ~olumn pressure, the test
pres~sure shall not be less than sixty
(60) pounds per square inch (413.4kPa)
and si~ail be continued for a length of
time ~tisfactory to the Administrative
Aushority, but in no case for less than
tlffrty (30) minutos. These tests shall
be made using air pressure only, and
shall be made in the presence of tim
Administrative Authority. All neces-
sary apparatus for conducting tests
shall be furnished by the permit
holder.
(d) In cases where tfie work author-
zed by the pernfft consists of a minor
installation of additional pip ng to pip-
ing already connected to a gas meter,
the foregoing inspections may be
waived at the discretion of tim Admin-
istrative Authority. In tiffs event, the
Administrative Auttxority shall make
such inspection as he deems advisable
in order to assure tfimself that all the
work has been performed in accor-
dance witl~ the intent of shis Code.
EXCEPTION: Gas piping installed
by people certified competent under
the provisions of she Mechanical Code
(known as Chapter 19 of the Code of
Ordinances of the City of Dubuque,
Iowa) for the installation of gas pip~
lng need not have the Building Offi-
cial present for testing of said piping,
providing that an affidavit, in the form
furnished by the Building Official, shall
be executed and submitted to the
Building Official prior to unlocking of
the gas rector.
Appendix L Appendix I, "Private
May 5, 1986
Sewage Disposal Systems" is hereby
amended by repealing such appendix.
Section 3. Ordinance Repealed.
The Plmnbing Code of the City of
Dubuque, Iowa, established by Ordi-
nance No. 1-81 and all amendments
shereto be and ti~e same are hereby
expressly repealed.
Section 4, Savings Clause. If any
section, provision, or part of tills Ordi-
nance shall be adjudged to be invalid
(ir mconsfitutional, such adjudication
shall not affect the validity of the
Ordinance as a whole; or any section,
provm~on or part hereof not adjudged
invalid or unconstitutional.
Section 5. When Effective. This
Ordinance shall be in effect after its
final passage, approval and publication
as required by law.
~ASSED, APPROVED AND
ADOPTED this 5th day of May,
1986.
JAMES E. BRADY, MAYOR
~TTEST:
MARY A. DAVIS, CITY CLERK
TABLE NUMBER 20-A
pLUMBING PERMIT FEES
Per, nit Issuance
1. For issuing each pernfit .... $10.00
2. For issuing each supplement to a
permit ............................................. $3.00
Unit Fee Schedule (in addition to Item
1 or 2 above)
1. For eacl~ phunbing fixure or trap
or of fixtures on one trap (includ-
ing water, drainage piping, venting, and
backfiow protection tbere-
for) .................................................. $3.00
.~. For installing, repairing or replac-
ing each building, trailer, or mobile
home sauitary or storm sewer:
a. From City main to the property
line ................................................... $5.00
b. From the property line to the
building, trailer or mobile
home ............ : .................................. $5.00
3. . each drain opening in a build-
ing, trailer or mobile home starm
drain .............................................. $5.00
4. For each cesspool--Cesspools are
not permitted.
5. For each building, trailer or
mobile home sanitary or storm sewer
from a private disposal systom to a
building, trailer or mobile
home ............................................. $15.00
6. For each water heator (witi~ or
without vent) ................................ $4.50
7. For eact~ industrial or commercial
w~ste pretreatment interceptor includ-
ing its trap mui vent, excepting ~kitchen
type grease interceptors functioning as
fixture traps ................................... $5.00
8. For installation, alteration or
141
Regular Session May 5, 1986
repair of water piping and/or water-
treating equipment, except building,
trailer, or mobile home water service,
each ................................................. $5.00
9~ For repair or alteration of drain-
age or vent piping, each
fixture ............................................. $5.00
10. For each lawn sprinkler system
or any one meter including backflow
protection devices therefor ......... $5.00
11. For atmospheric type vacuum
breakers not included in Items 2
a. One to 5 ................................. $5.00
b. Over 5 each ........................... $1.00
12. For each backflow protective
device other than atmospheric-type
vacuum breakers ........................... $5.00
13. For each gas piping system of
one to 5 outlets ............................. $2.00
14. For each gas piping system of 5
or more outlets, per outlet .............. 50
15. For each building, trailer or
mobile home water service installed,
replaced or repaired:
a. From water main to property
line ................................................... $5.00
b. From property line to building,
trailer or mobile home ................. $5.00
c. From private water supply to
building, trailer or nmbile
borne ............................................... $5.00
16. For each private community
water supply main and branches
except building, trailer or mobile home
service piping, per each 100 lineal feet
and fraction thereof ..................... $5.00
17. For each private community san-
itaW or storm sewer main and contrib-
utory branches, except building, trailer
or mobils home sewers, per 100 lineal
feet of sewer main and
branches ......................................... $5.00
Other Inspections and Fees
1. Plan review fees when a plan is
required by S~ction 20.11(f) of this
Code, per hour of review time . $25.00
(Minimum of one-hour charge and
charged in 1/2-hour increments beyond
tim first hour)
2. Inspections outside of normal
business hours (minimum charge 2
hours) per hour ........................... $30.00
3. Rainspection fee assessed under
provisions of Section 305(f) per
hour ............................................... $15.00
4. Inspection for which no fee is spe-
cifically indicated (minimum cheffge
one-haft hour) per
hour ............................................... $25.00
5. Additional plan review required by
changes, additions or revisions to pre-
viously approved plans (minimum
charge one-half hour) per
hour ............................................... $25.00
Published officially in the Telegraph
Herald newspaper this 29th day of
May, 1986.
Mary A. Davis
City Clerk
It 5/29
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--Nane.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to amend the Code
of Ordinances by enacting new Sec-
tions 19-1 and 19-2 in lieu thereof
pertaining to revising and reenac-
ting a Mechanical Code for the Ci-
ty of Dubuque, IA, presented and
read. There were no written objec-
tions received and no oral objectors
present at the time of the Hearing.
Council Member Simon moved that
the proof of publication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 33-86
AN ORDINANCE OF THE CI-
TY OF DUBUQUE, IOWA, PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBU-
QUE, IOWA, BE AMENDED BY
REPEALING SECTIONS 19-1,
19-2, 19-3 THEREOF AND ENAC-
TING NEW SECTIONS 19-1 AND
19-2 IN LIEU THEREOF PER-
TAINING TO REVISING AND
REENACTING A MECHANICAL
CODE FOR THE CITY OF DUBU-
QUE, IOWA: AND PROVIDING
FOR THE ISSUANCE OF PER-
MITS AND COLLECTION OF
FEES THEREFOR, said Or-
dinance having been presented and
read at the Council Meeting of April
21, 1986, presented for final
adoption.
ORDINANCE NO. 33-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REPEAL-
142
Regular Session, May 5, 1986
lNG SECTIONS 19-1, 19-2 AND 19-3
THEREOF AND ENACTING NEW
SECTIONS 19-1 AND 19-2 IN LIEU
THEREOF PERTAINING TO
REVISING AND REENACTING A
MECHANICAL CODE FOR THE
CITY OF DUBUQUE, IOWA: AND
PROVIDING FOR THE ISSUANCE
OF PERMITS AND COLLECTION
OF FEES THEREFOR.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 19-1 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
ing Section 19-1 and enacting a new
Section 19-1 in lieu thereof as follows:
"Sec. 19-1, Uniform Mechanical
Code - Adopted.
Except as hereinafter added to,
deleted, modified or amended, there is
hereby adopted by reference as the
mechanical code of the City that cer-
tain mechanical code known as the
U~fiform Mechauical Code, 1985 Edi-
tion, including the 1985 Uniform
Mechanical Code Appendices, as
jointly prepared and edited by the
International Conference of Building
Officials of Whittier, California and
the International Association of
Plmnbing and Mechanical Officials of
Los Angeles, Califordia; and the provi-
sions of such mechanical code shall be
controlling in the installation, mainte-
nance and use of heating, ventilating,
cooling, refl~geratlon systems, incinera-
tors and other miscellaneous heat-pro-
ducing appliances within the corporate
limits of the City and shall be known
as the "Dubuque Mechanical Code". A
copy of the Uniform Mechanical Code,
1985 Edition, as adopted, shall be on
file in the office of the City Clerk for
public inspection."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Sections 19-
2 and 19-3 thereof and enacting a new
Section 19-2 in lieu thereof as follows:
"Sec. 19-~. Uniform Mechanical
Code ~ Amendmente.
That the Code adopted by Section 19-1
of tfiis chapter is hereby amended as
provided hi this section:
Sec. 203. Section 203, "Board of
Appeals" is hereby amended by repeal-
ing such section and replacing such
section with a new section in lieu
thereof as follows:
Sec. 203. Mechanical Code
Board.
(a) Board Established. In order to
deternfine the sditability of alternative
and methods of installation,
provide for reasonable interpreta-
tions of the Mechanical Code, to serve
as an appeal body for the decisions of
the Building Official, to advise the City
Council on all heating, ventilating, air-
conditioning and refrigeration regula-
tions and procedures and to provide for
examining applicants for certification
of competency and issuing certificates
of competency and re~stration, there
is hereby created the Mechanical Code
Board.
(b) Membership. The Mechanical
Code Board shall consist of seven (7)
members appointed by the City Coun-
cil. One (1) member shall represent the
sheet metal contractors, one (l) the
sheet metal workers, one (1) the hot
water and steam fitting contractors,
one (1) the hot water and steam fitting
workers, one (1) the refrigeration con-
tractors, one (1) the refrigeration work-
ers, and one (1) shall be a mechanical
engineer registered in the State of
Iowa.
(c) Term of Office. The term of
office of all Board Members shall be
three (3) years.
(d) Rules and Regulations. The
Board shdil make such rules and pre-
scribe such procedures as may be rea-
sonably necessary for its operation,
except that such rules shall include thc
fofiowing:
1. The Chairperson of the Board
.hall be a Member of the Board
elected annually by a majotity of the
Board.
2. The Building Official, or his desig-
nee, shall be Secretary of the Board.
The Secretary shall arrange for meet-
ings and prepare and keep such
minutes and records and perform such
other clerical work as the Board may
direct.
3. Fora' (4) Members shall constitute
a quorum. The concurring vote of four
4) Members of the Board shafi be nec-
essary to pass any motion.
4. Upon completion of the term of
office, Members of the Mechanical
Code Board shall continue to serve in
their full capacity until the0' succes-
sor has been duly appointed.
5. The Mechanical Code Board shall
meet at least once every three (3)
months upon call of the Chairperson,
Secretary or City Managcr. Members
of the Mechanical Code Board shall
attend at least two-thirds (2/3) of all
meetings within a twelve
12) month period. If any Member does
not attend such prescribed number of
meetings, it shall constitute grounds
for the Board to recommend to the
143
Regular Session, May 5, 1986
City Council that said Member be
replaced.
6. The attendance of all Members
shall be entered on the minutes by the
Secretary.
7. All meetings shall be held in con-
formance with the provisions of the
Iowa Open Meetings Law.
8. The Mechanical Code Board shall
file with ti~e City Council a copy of
the minutes of each meeting of the
Board within ten (10) working days
after such meeting.
9. All administrative, personnel,
accounting, budgetary, and procedural
policies of the City shall govern the
Mechahical Code Board in all of its
operations.
10. Any person who is aggrieved by
a decision of the Building Official or
from any requirements resulting from
the enforcement of the mechanical
Code may appeal from such decision
to tbe Mechanical Code Boaed, and
said Board sball serve as an Appeal
Board. In case tbe aggrieved party is
a Board Member, said Member shall
be disqualified as a Member of the
Board acting as an Appeal Board until
the persian aggrieved has been heard
and a decision rendered.
The appeal shall be made by the
person aggrieved, giving written notice
of such appeal to the Building Official
at his office within seven (7) days after
becoming aggrieved. The Mechanical
Code Board sitting as an Appeal Board
shall meet within seven (7) days after
receiving such notice and shall render a
decision within five (5) days thereafter.
Any interested party, including the
Building Official, may have the rigi~t
to present his or bet case to the Appeal
Board, whose decision shall be final
unless appealed to the district court
as provided by law.
Sec. 204. Section 204, "Violations" is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu tt~ereof as follows:
Sec. 204. Violations and Penal-
ties. It shall be unlawful fi)r any per~
son, firm or corporation within the
jurisdictional limits of the City to
erect, cause or continue any attractive,
by any provision of this Code ~r Ordi-
adopted by reference; or to erect, con-
permit the same to be done, contrary
to or in violation of any of thc proxd-
sions of this Code or any code or ordi-
nance herein adopted by reference; or
to fail or neglect by omission to com-
ply with any of the provisions of this
Code or Ordinance or any code or owii-
nance herein adopted by reference.
The doing of any act, or the omis-
sion of any act, declared to be un]aw-
ful by this Code or Ordinance, or any
code or ordinance herein adopted by
reference, is declared to be a misde-
~neanor, and each said act shah be
deemed a separate offense for each and
every day or portion thereof during
which such un]awful act is continued
or permitted and, upon conviction,
shall be puhishable hy a fine in a stun
not exceeding one hundred dolhirs
($100.00) or by imprisonment not to
exceed thirty (30) days or by both such
fine and imprisomnent. The penalty
herein provided shall be cumulative
with and in addition to the revocation,
cancellation or forfeiture of any license
or pemfit elsewhere in this Code or
Ordinance provided for violation
thereof.
Sec. 301. Section 301, "Permits", is
hereby mnended by repealing subsec-
tion (b) "Exempt Work" and replac-
lng such subsection with a new
subsectlan in lieu thereof as follows:
Sec. 301.
(b) Exempt Work. A mechanlaal
permit will not be required for the fol-
lowing:
1. Any portable heating appliance,
portable ventilating equipment, porta-
ble cooling unit or portable evapora-
tive cooler.
2. Any closed system of steam, hot
or chilled water piping within heating
and cooling equipment regulated by
fids Code.
3. Replacement of any cmnponent
part or assembly of an appliance whicli
does not alter its original approval and
complies with other applicable require-
ments of tliis Code.
4. Any refrigeration equipment
which is part of the equipment for
wifich a perndt has been i~qucd pur-
suant to thc requirements of this
Code.
5. Any uhit refrigerating system.
6.Replacement of any existing
domestic gas range or domestic gas
clothes dryer as regulated by Chapter
19 of this Code.
7. Any domestic ventilation fan con-
nected to a single duct.
8. For the installation of each
domestic hood which is served by
mechanical exhausts, including tlie
ducts for such hood.
Exemption i¥om the permit require-
144
Regular Session, May 5, 1986
ments of this Code shall not be deemed
to grant authorization for any wo?f to
be done in violation of the provisions
of this Code or any otber laws or ordi-
nan6es of this jurisdiction.
Sec. 307. Section 307, "Registration
and Examination of Mechanical Con-
tractors", is hereby added as a new
section as follows:
Sec. 307. Registration and Exam-
ination of Mechanical Contractors.
(a) Contractors or Businesses to
be Registered. It shafi be unlawful
for any person, firm, partnership, cot-
potation or association, or any com-
bination thereof, and also for any
accomplice, to act, engage in, solicit,
or to advertise as being in the busi-
ness of installing or servicing of any
system, appliance, eqhipment, device,
control, material or substance for use
in connection with or appurtenant to
any heat producing appliance, heating,
ventilati jg, air-conditioning, refrigerat-
ing, blower or exliaust unit or system
covered by this Code, except as is oth-
erwise provided herein, or unless said
person, firm, partnersbip, corporation
o~' association, or combination thereof,
sbafi first have obtained a certificate of
registration from the City.
(b) Application and Issuance of
Certificate of Registration. Any per-
son desiring a certificate of registration
to enter into the business of installing
or servicing as required under the pro-
visions of this chapter shall make
application to and on a form furnished
by the City. Such application form
shall be obtained from, and the com-
pleted application together with the fee
for application for a certificate of regis-
tration shall be submitted to the
Building Official. Every application for
registration sbafi state the name of the
person, firm, partnership or corpora~
tion, etc., app ying for registration and
the name, address of the place of bus -
ness or places of business of the appli-
cant. If the applicant is a firm,
copartnership, corporation, association,
or any combination thereof, the appli-
cation shall contain the names and
addi-esses of all members and officers
and such other information as the
application may require, together with
a certified copy of the corporation
minutes or other legal evidence that
the appli (ant has been duly invested
with the authority to represent and act
on behalf of the firm, copartnership,
corporation, as~sociation, or combina-
tion thereof and shall duly designate
and register with the City a successor
to tire applicant. All applications shall
be sworn to by the applicant before a
notory public. No application shall be
processed by the Mechanical Code
Board if there are discrepancies
between the statements on the appli-
cation and the true facts, or unless the
firm, partnership, corporation,
association, or combination thereof
shall first meet the qualifications pro-
vided herein and the fee for registra-
tion is paid.
Upon receipt of the application for
registration, the MechaniCal Code
Board shall issue a certificate of reg-
istration to the applicant to en?}ge !n
usinesa of installing or serwc~ng m
the City. Certificates of registration
shall expire on the thirty-first (31st)
day of December of each year and
shall be renewed on or before January
thirtieth (30th). Failure to renew a cer-
tificate before the expiration date shall
automatically cancel the certificate
and require an application and fee as
for an otiginal certificate.
The application fee for the initial
certificate of registration shafi be one
lmndred twenty-five dollars ($125.00)
and shall be submitted with the appli-
cation. No fees shall be refunded
the certificate is issued or
The annual renewal fee for
such certificate of registration shall be
twenty-five dollars ($25.00).
(c) Revocation or Suspension of
Certificate of Registration. The
Mechanical Code Board may revoke or
suspend any certificate of registration
for one (1) or more of the following
1. Misa-epresentation of a material
fact in obtaining such certificate of
registration Or the renewal thereof.
2. Failure to comply with the provl-
ions of the Mechanical Code of the
City.
3. Failure to secure the permits,
inspections, and approvals required by
ordinance. It sball be the duty of the
Building Official to report such viola-
tions to the Mechanical Code Board.
When a certificate of registration has
been suspended three (3) times, any
subsequent action because of tt~e rea-
sons listed under this section shall
include revocation of such certificate.
No certificate shafi be revoked until a
public hearing has been held by the
Mechanical Code Board, at which
lrearing the registrant may appear in
person or be represented by legal coun-
A certificate of registration may be
suspended for a prescribed period, not
to exceed six (6) months, and the
person, firm, partnership, co~poration,
145
Regular Session, May 5, 1986
association, or combination thereof,
whose registration is suspended, to
have the work corrected which is in
violation before such registration is
reinstated.
Sec. 308. Section 308, "Certificate of
Competency Required to Perform
Work", is hereby added as a new sec-
tion as follows:
Sec. 308, Certificate of Compe-
tency Required to Perform Work.
(a) Certificate Required. It shall
be unlawful, except as hereifiafter pro-
vided, for any person, firm, partner-
ship, corporation, association, or any
combination thereof, and also for any
accomplice, to perform or assist in per-
formifig any act concerning, affecting
or relating to thc installing or servicing
of any matter covered under the provi-
sions of this Code unless said person or
a member of said firm, partnership,
corporation, association, or any combi-
nation therof shall first have been cer-
tiffed by the Mechanical Code Board
as being competent to perform such
act, or unless such person, firm, cor-
poration, partnership, a.~qociation, or
any cmnbination thereof shall have
regularly and steadily in his or its
employ a person or persons so certified
by such Board as being competent to
perform the act or acts governed by
the provisions of this Code and which
he or it desires to engage in within
the jurisdictional limits of the City.
The bolder or holders of certificates
of competency shall be the authorized
representative or representatives of
said firm, partnership, person, corpora-
tion, association, or combination therof
in matters concerning, affecting, or
related to conformance with the provi-
sions of this Code. Final responsibility,
however, for compliance with the pro-
visions of tiffs Code shall be with tbc
owner or owners of' the firm, partner-
ship, corporation, association, or any
combination thereof, who agree to
undertake the performance of such act
or acts; and said owner or owners shall
be responsible for obtaining kom the
ofiice of the Building Official the nec-
essary permit or permits, appr~vals,
certificates, etc., before any such act is
started at the sqte of the installing or
servicing.
No person, firm, partnership, cor-
porafion, associafion, or any cmnbina-
tion therof, shall be granted permission
to perform any act other than that
which is specified in the certificate or
certificates of competency possessed by
or employees of said firm, partnership,
nation thereof; and such act or acts
shall be performed under the direct
supervision of such certificate of com-
petency holder or holders. The provi-
sions of this Code shall not prohibit
any pm'son from assisting in the act or
acts of installing or servicing of matter
covered by tiffs Code when such act or
acts are performed under the direct
supervision of a person or persons so
certified to be competent to perform
such act or acts.
EXCEPTIONS:
1. The owner-occupant of a single-
famfiy dwelling, who resides or will
reside in that single-family dwelfing
with no otber person than the mem-
bors of his or her immediate family,
may personally perform any act
covered by fids Code without obtain-
lng a certificate of competency and
certificate of registration, provided that
the owner-occupany shall first apply
for and obtain a pernrit from the
Building Official for such act required
by this Code and has all such work
inspected and approved by the Build-
ing Official and conforms with all
other applicable requirements. No per-
son qualifying for the owner-occupant
exemption shall be eligible for a subse-
quent exemption on any other struc-
ture for seven (7) years.
2. No person need be certified as
competent under the provisions of this
Code to perform any of the fallowing:
a) The lubrication of moving parts
where required.
b) The replacing of air filters, drive
belts, electrical fuses or himps, the
replenishing of fuel, humidifier plates
and any other such very minor mainte-
nance ~s does not alter the,capacity,
construcfion, material, design combus-
tion, venting control, operation, loca-
tion or use, providing such
maifitenance does not involve the dis-
connecting or reconnecting of appurte-
nances such as wiring, pipes, ducts,
etc.
c) The normal operation and use of
matter covered as intended except
when iaftially placing in operation or
u~ after installing or altering.
d) The clea~fing of heating surfaces,
chilnneys, lhies, vents, and such other
surfaces that arc exposed to the accu-
mulation of dust or dirt and may
require cleaning frequently.
e) Thc installation of a fireplace
stove not interconnected with any cen-
tral heating unit.
(b) Certificate Issuance. Upon
receipt of an application and exami-
nation fee, thc Mechanical Code
Btard, having determined to their sat-
Regular Session. May 5, 1986
isfaction that the applicant is ehgible
for examination as provided herein,
shall examine the application or com-
petency in the field or fields, or por-
tions thereof, for which application
was made. Upon the applicant's having
passed such examination as the
Mechaifical Code Board nmy prescribe
to determine the competency of the
applicant, the Mechanical Code Board
shall issue the certificate of compe-
tency to the applicant, limiting the
validity of the certificate of compe-
tency to the field or fields, class or
classes, for which the applicant
applied, wo~s examined, and was found
to be competent.
The examination fee for a certificate
of competency shall be fifteen dollars
($15.00) per permn for from one (1) to
four (4) tests of competency when
taken at one (1) examination. If more
than four (4) tests are taken, an addi-
tional fifteen dollars ($15.00) will be
charged for one' (1) to four (4) suc-
cessive competency tests taken at the
Re-examination fees shall be the
same as original examination fees, as
shown above. The fee shall be paid
before the examination, at the time of
application and there shall be no
refund for any reason.
The fee for an examination does not
include the fee fi)r any original certif-
icate of competency. The fee for an
original certificate of competency shall
be fifteen dollars ($15.00) and shall be
in addition to the examination fee.
(c) Certificate Examination Pro-
cedures, Applicants shall be examined
by the Mechanical Code Board to
determine their knowledge of the rules
and regulations as set out in the provi-
sions of this Code and its references.
Examinations shall be multiple choice,
and a complete record of each shall be
kept on file for a period of one (1) year
after the date of such examination at
the office of the Building Official.
Applicants shall be examified only in
mattors pertaining to those areas for
wlfich a certificate of competency is
requested and tests provided. For
example, if an applicant requests to be
certified as competent to install gas
pipifig, then his examination shall be
confined to matters concerning,
affecting or related to the instalhng of
gas piping; if the applicant desires to
be certified as competent to install or
service a heat-producing appliance,
then the exmrfination shall be confined
to matters concerning, affecting or
rehiting to the installing and servicing
of such appliance, wlfich shall include
the storage of fuel, the fuel supply and
return piping, the combustion of the
fuels within the appliance, the venting
of the products of combustion, air
ducts, steam or hot water piping, dec-
trical, plumbing and refrigeration, etc.,
work incidental to the installing and
servic4ng of such appliance. The ificlu-
sion of any electrical, plumbing, etc.,
work in this Code shall apply only to
of matters covered in
Code and shall not certify the per-
son to be competent in the installing or
servicing of such matters covered by
other ordinances or codes in the City.
In each case, the applicant shall only
be certified competent in matters for
wbich he applied and for which he was
examined. The Mechanical Code
Board shall have the authority to
determine the examifiation to be given
to the applicant.
Examination of applicants for a cer-
fificate of competency under the provi-
sions of this Code shall be held at least
once every three (3) months, providing
one (l) or More applicants have filed
for examination, or ~nore often if the
Board desires, at such time and place
as the Board may designate. A passing
grade shall be seventy-five percent
(75%) of a possible one hundred per-
cent (100%).
Should an applicant for a certificate
of competency fail to achieve a pass-
ing gTade and be denied a certificate
of competency, the applicant may
apply for reexamination after the
expiration of one (1) month by remak-
ing application and paying the fee
therefor as required.
(d) Transfer of Certificates Prohi-
bitod. Certificates of competency as
herein provided shall be issued only to
an individual, and it shall be unlawful
for any person holding a certificate of
competency to transfer it or allow the
use of, directly or indirectly, by
another person.
(e) Expiration and Renewal of
Certificates. Certificates of compe-
tency expire on the thirty-first (31st)
day of December of each year and
be renewed annually on or before
January thirtieth (30th). The date of
~ renewal shall be endorsed on the
certificate. In the event the holder of
any such certificate of competency
shall fail to renew the same in the
manner herein provided, tire certificate
shall expire and a new certificate shall
not be issued without making applica-
tion for a new certificate, paying the
fee therefor, and suhinitting to an
examination as required in the first
instance. The annual renewal fee for a
146 147
Regular Session May 5, 1986
certificate of competency shall be
twelve dollars and fifty cents ($12.50).
(fl Limitations of Certificates of
Competency. Any individual may be
the holder of one (1) or more certifi-
cutes of competency, certifying him as
being competent in one (1) or more
matters covered by this Code. Such
individual is limited to perform or
supervise that work for which his cer-
tificate of competency certifies him as
being competent. The possession of a
certificate of competency issued under
the provisions of this Code does not
~ant penuission for the holder to per-
form electrical, phimbing or other work
in connection with matters covered by
tiffs Code when licenses or certificates
of competency are required under the
provisions of any other national, state
or mudicipal law, code or ordinance for
such work.
(gl Revocation or Suspension of
Certificates of Competency. The
Mechanical Code Board may revoke or
suspend any certificate of competency
issued under the provisions of this
Code for any one (1) or more of the
following reasons:
1. Misrepresentation of a material
fact in obtaining such certificate of
co~npetency or the renewal thereof.
2. Transferring or allowing the use
of such certificate of competency,
directly or indirectly, by another per-
3. Failure to ~nake sure the permits,
inspections, and approvals required by
this Code have been secured as pro-
vided for.
4. Workmansl~p or work not in con-
fomtity with the provisions of this
Code or not in conformity with the
permit issued.
5. Repeated violations of this Code,
or fMlure or refusal to correct
promptly an insta]hition or part
thereof made in an incompetent or
bnproper manner or in violation of any
provision of this Code.
It shall be the duty of the Building
Official to report such violations to the
Board.
When a certificate of competency
has been suspended three (3) times,
any subsequent action because of any
of the reasons listed under this sec-
tion shah include revocation of such
certificate. No certificate of compe-
tency shall be revoked until a public
hearing has been held by the Board, at
~vhich hearing the holder of such cer-
tificate may appear in person or be
represented by counsel.
A certificate of competency may be
suspended for a prescribed period, not
to exceed six (6) months, and the
notice of suspension may require the
person whose certificate of competency
m suspended to correct the work in
violation of this Code before such cer-
tificate is reinstated.
Table No. 3-A Mechanical Permit
Fees. Table No. 3-A, "Mechanical
Permit Fees", is hereby amended by
repealing such table and replacing such
table in lieu thereof as fdihiws:
Permit Issuance
L For the issuance of each permit
...................................................... $10.00
2. For issuing each supplemental
~enhit ............................................. $3.00
Unit Fee Schedule
1. For the installation or relocation
of each forced-ah' or g~avity-type fur-
nace or burner, including ducts and
vents attached te such appliance, up
to and including 100,000 Btu/h . $6.00
2. For the installation or relocation
of each forced-air or gravity-type fur-
nace or burner, including ducts and
vents attached to such appliance over
100,000 Btu/h ................................ $7.50
3. For the installation or relocation
of each floor furnace, including vent
......................................................... $6.00
4. For the installation or relocation
of each suspended heater, recessed wall
heater or floor-mounted unit heater ...
$6.00
5. For the installation, relocation or
replacement of each appliance vent
installed and not included in an appli-
ance permit .................................... $3.00
6. For the repair of, alteration of, or
addition to each heating appliance,
refrigeration unit, cooling u~tt, absorp-
tion unit, or each heating, cooling,
absorption, or evaporative coofing sys-
tem, including installation of controls
regulated by this code
........................................................ $6.00
7. For the installation or relocation
of each boiler or compressor to and
including three horsepower, or each
absorption system to and including
100,009 Btu/h ................................ $6~00
8. For the instafiation or relocation
of each boiler or compressor over three
horsepower to and including 15 horse-
power, or each absorption system over
100,000 Btu/h and including 500,000
Btu/h ............................................ $11.00
9. For the installation or relocation
of cash boiler or compressor over 15
horsepower to and including 30 horse-
lower, or each absorption system over
500,000 Btu/h to and including
1,000,000 Btu/h ........................... $15~00
10. For the installation or rdioc~ation
of each boiler or compressor over 30
horsepower to and including 50 horse-
Regular Session, May 5, 1986
power, or lhr each absorption system
over 1,000,000 Btu/h to and including
1,750,000 Btu/h ........................... $22.50
11. For the installation or relocation
of each holler or refrigeration compres-
sor over 50 horsepower, or each
absorption system over 1,750,000 Btu/h
......................................................... $37.50
12. For each sh'-handling unit to and
including 10,000 cubic feet per minute,
including ducts attached thereto $4.50
Note: This fee shall not apply to an
air-handling unit which is a portion of
a factory-assembled appliance, cooling
unit, evaportive cooler or absorption
unit for which a permit is required
elsewhere in this code.
13. For each air-hand'lng unit over
10,000 cth~ ...................................... $7.50
14. For each evaporative cooler other
than portable type ....................... $4.50
15. For each ventilation fan con-
nected to a single duct ................ $3.00
16. For each ventilation system
wtfich is not a portion of any heating
or afl-conditionlng system authorized
by a permit .................................... $4.50
17. For the installation of each hood
which is served by mechanical exhaust
including the ducts for such hood .......
$4.50
18. For the installation or relocation
of each domestic-type incinerator .......
$7.50
19. For the installation or relocation
of each commercial or industrial-type
incinerator .................................... $30.00
20. For each appliance or piece of
eqdipment regulated by tiffs code but
not classed in other appliance cate-
gories, or for which no other fee is
listed in this code ......................... $4.50
21. When Chapter 22 is applicable
(see Section 103), permit fees for fuel-
gas piping shall be as follows:
For each gas-piping system of one
to four outlets ............................... $2.00
For each gas-piping systsm of more
than four outlets, per outlet ...... $0.50
Other Inspections and Fees:
1. Inspections outside of normal
business horn's ............ $15.00 per hotu'
(n~inimum cimrge--two hours)
2. Reinspection fee assessed under
provisions of Section 305(f) ...... $15.00
each
3. Inspections for which no fee is
specifically indicated .. $15.00 per hour
(minimum charge--one-haft hour)
4. Additional plan review required by
changes, additions or revisions to
approved plans ............ $15.00 per hour
(minhnum charge--one-haft hour)
Appendix B, Section 2124. Appendix
B, Section 2124, "Operating Permit",
is hereby amended by repealing such
section.
Appendix B, Section 2125. Appendix
B, Section 2125, "Maintcnmlce Inspec-
tion'', is hereby mnended by repealing
such section.
Appendix B, Section 2206. Appendix
B, Section 2206, "Inspections", is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Sec. 2206. Inspections.
(al General. Upon completion of
installation, alteration or repair of gas
p~ping, and prior to the use thereof, the
Building Official shall be notified that
go~ piping is ready for inspection.
Excavations required for thc instal-
lation of underground piping shall be
kept open until such time as the piping
has been inspected and approved. If
piping is covered or concealed before
approval, it shall be exposed upon the
direction of the Building Official.
(b) Required Inspections. The
Building Official shall make the fol-
lowing inspections and shall either
approve that portion of the work as
completed, or shall notify the permit
raider wherein the same fails to com-
~ly with this chapter.
1. Rough piping inspection. This
nspection shall be made after gas pip-
ing authorized by the permit has been
installed and before any such piping
has been covered or concealed or any
fixture or appliance has been attached
thereto. This inspection shall include a
detsrmination that the gas piping size,
material and installation meet the
requirements of this chapter.
2. Final piping inspection. This
inspection shall be made after piping
authorized by the permit has been
installed and after all portions thereof
which are to be covered or concealed
are so concealed and before fixtures,
appliances or shutoff valves have been
ttacbed thereto.
This inspection shall include an air-
~ressure test, at which time the gas
ling shall stand a pressure of not less
than ten (10) pounds per square inch
gage, or, at the discretion of the Build-
ing Official, the piping and valves may
be tested at a pressure of at least six
inches (6") mercury, measured with a
manometer or slope gage. Test
pressures shall be held for a length of
time satisfactory to the Building Offi-
cial but not less than fifteen (15)
minutes, with no perceptible drop in
p~e~sure. For welded piping, and for
piping carrying gas at pressures in
excess of fourteen inches (14") water
column pressure, the test pressure shall
be not less than sixty (60) pounds per
148 149
Regnlar Session, May 5, 1986
square inch and shall be continued for
a length of time satisfactory to the
Building Official but not less than
thirty (30) minutes. Tests shall be
made using air pressure only and shall
be made in the presence of the Build-
ing Official. Necessary apparatus fi)r
conducting tests shall be furnished by
the permit holder.
EXCEPTIDN:
Gas piping histafied hy people cer-
tified competent under the provisions
of the Mechanical Code (known as
Chapter 19 of the Code of Ordinances
of the City of Dubuque, Iowa~ fi>r the
installation of gas piping need not have
the Building Official present lbr testing
of said piping, provided that an affida-
vit, in the form furnished by the
Building Official, shall be executed and
submitted to the Building Official prior
to unlocking of the gas meter.
(c) Other Inspections. In cases
where thc work authorized by the per~
mit consists of a minor installation of
additional piping to piping already
connected to a gas meter, the forego-
lng inspections may be waived at the
discretion of the Building Official. The
Building Official shall make such
inspection as he deems advisable in
order to assure that the work has been
performed in accordance with the
intent of this chapter."
Section 3. Savings Clause. If any
section, provision or part of this Ordi-
nance shall be adjudged to be invalid
or unconstitutional, sucl~ adjudication
shall not affect the validity of the
Ordinance as a whole; or any section,
provision or part thereof not adjudged
invalid or unconstitutional.
Section 4. When Effective.~This
Ordinance shall be in effect after its
final passage, approval and publication
as required by law.
Passed, approved and adopted this
5th day of May, 1986.
James E. Brady, Mayor
ATPEST:
Mary A. Dav~s, City Clerk
Pubfished officially in ti~e Telegraph
Herald newspaper this 30th day of
May, 1986
Mary A. Davis
it 5/30 City Clerk
Council Member Simon moved
final adoption of the Ordinance.
Seconded by Council Member Man-
rang. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineener, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to consider an Or-
dinance vacating the alley parallel
to and approximately !50 feet
north of Grace St. from the east
property line of Auburn St. approx-
imately 117.5 feet easterly,
~resented, and read.
There were no written objections
received and no oral objectors pre-
sent at the time of the Hearing.
Council Member Kluesner moved
that the proof be received and fil-
ed. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 76-86
RESOLUTION APPROVING
THE PLAT OF A VACATED
ALLEY PARALLEL TO AND AP-
PROXIMATELY 150 FEET
NORTH OF GRACE STREET,
FROM THE EAST PROPERTY
LINE OF AUBURN STREET AP-
PROXIMATELY 117.5 FEET
EASTERLY.
WHEREAS, there has been
presented to the City Council of the
City of Dubuque, Iowa a plat dated
November 11, 1985 prepared by
Buesing and Associates, covering a
vacated alley parallel to and
proximately 150 feet north of Grace
Street, from the east property line
of Auburn Street approximately
117.5 feet easterly; and
WHEREAS, said plat conforms
to the laws and statues pertaining
thereto.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council
of the City of Dubuque, Iowa:
Section 1. That the plat dated
November 11, 1985 prepared by
Baesing and Associates covering
the real estate hereinabove describ-
ed, be and the same is hereby ap-
proved, and that the Mayor and Ci-
ty Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of t~he Ci-
ty of Dubuque, Iowa·
Section 2. That the City Clerk be
and is hereby authorized and
Regular Session, May 5, 1986
directed to file said plat and cer-
tiffed copy of this resolution in the
Office of the Recorder in and for
Dubuque County, Iowa.
Pased, approved and adopted
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon·
Nays--None.
ORDINANCE NO. 34-8'6
AN ORDINANCE VACATING
THE ALLEY PARALLEL TO
AND APPROXIMATELY 150
FEET NORTH OF GRACE
STREET, FROM THE EAST
PROPERTY LINE OF AUBURN
STREET APPROXIMATELY
117.5 FEET EASTERLY, said Or-
dinance having been presented and
read at the Council Meeting of April
21, 1986, presented for final
adoption.
ORDINANCE NO. 34-86
AN ORDINANCE VACATING
THE ALLEY PARALLEL TO AND
APPROXIMATELY 150 FEET
NORTH OF GRACE STREET,
FROM THE EAST PROPERTY
LINE OF AUBURN STREET
APPROXIMATELY 117.5 FEET
EASTERLY
WHEREAS, the University of
Dubuque has requested the vacating of
the alley parafiel to and approximately
150 feet north of Grace Street, from
the east property line of Auburn Street
approximately 117.5 feet easterly, in
the City of Dubuque, Iowa; and
WHEREAS, Buesing and Associates
has prepared and submitted to the
City Council a plat showing the
vacated alley and an assigned lot num-
ber thereof, which shall hereafter be
known and described as, "Lot 41A in
Reche's Subdivision, in the City of
Dubuque, Iowa"; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this alley parallel to and approxi-
mately 150 feet north of Grace Street,
from the east property line of Auburn
Street approximately 117.5 feet east-
erly, is no longer requi~ed for pubhc
use and the vacation of said alley
known as Lot 41A in Reche's Subdivi-
sion in the City of Dubuque, Iowa
should be approved.
NOW, THEREFORE, BE IT
ORDAINED, hy the City Council of
the City (if Dubuque, Iowa:
Section L That said real estate
described as Lot 41A in Reche's Sub-
division in the City of Dubuque, Iowa
,e and the same is hereby vacated.
Section 2. That the City Clerk be
hereby authorized and directed
to cause a notice of intent to dispose
of said real estate in a manner as
described by law.
Section 3. That the conveyance of
Lot 41A in Reche's Subdivision to the
University of Dubuque, be and the
same is hereby approved upon pay-
ment of $265.00, together w~th pubh-
cation and filing fees.
PASSED, APPROVED AND
ADOPTED this 5th day of May,
1986.
James E. Brady
Mayor
Aq'FEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of May,
1986.
Mary A. Davis
City Clerk
Council Member K[uesner moved
final adoption of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 77-86
WHEREAS, pursuant to resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on the
25th day of April, 1986, the City
Council of the City of Dubuque,
Iowa, met on the 5th day of May,
1986, at 7:30 p.m. in the Public
Library Auditorium to consider the
proposal for the sale of real estate
described as Lot 41A ~n Reche s
Subdivision in the City of Dubuque,
151
150
Regular Session, May 5, 1986
Iowa to the University of Dubuque;
and
WHEREAS, the City Council of
the City of Dubuque, Iowa overrul-
ed any and all objections, oral or
written, to the proposal to dispose
of interest of the City of Dubuque,
Iowa in the herinabove described
real estate to the University of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council
of the City of Dubuque, Iowa:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa
in the vacated alley parallel to and
approximately 150 feet north of
Grace Street, from the east proper-
ty line of Auburn Street approx-
imately 11Z5 feet easterly, now
known as Lot 41A in Reche's Sub-
division in the City of Dubuque,
Iowa to the University of Dubuque
be and the same is hereby approv-
ed for the sum of $265.00, plus cost
of publication and filing fees; con-
veyance shall be by Quit Claim
Deed.
Section 2. That the Mayor be
authorized and directed to execute
a Quit Claim Deed, and the City
Clerk be and is hereby directed and
authorized to deliver said deed of
conveyance to the above named
grantee upon receipt of the pur.
chase price in full
Section 3. That the City Clerk be
and is hereby authorized and
directed to record a certitifed copy
of this resolution in the offices of
the City Assessor, Dubuque Coun-
ty Recorder and the Dubuque Coun-
ty Treasurer.
Passed, approved and adopted
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting documents regarding
the City of Dubuque 1986 Asphalt
Paving Project and 1986 P.C. Con-
crete Paving Project, presented and
read. Council Member Kronfeldt
moved that the communication be
received and filed. Seconded by
Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 78-86
BE IT RESOLVED BY THE CI~
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contracts
and estimated cost for the 1986
Asphalt Paving Project and the
1986 P.C. Concrete Paving Project,
in the estimated amount of
$2,830,737.38, are hereby approved
and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt mov-
ed adoption of the Resolution.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 79-86
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
given its preliminary approval on
the proposed plans, specifications,
and form of contracts and placed
same on file in the office of the Ci-
ty Clerk for public inspection of the
1986 Asphalt Paving Project and
the 1986 P.C. Concrete Paving
152
Regular Session
Project.
NOW, THEREFORE, BE IT
RESOLVED that on the 2nd day
of June, 1986, a public hearing will
be held at 7:30 p.m. in the Public
Library Auditorium at which time
interested persons may appear and
be heard for or against the propos-
ed plans and specifications, form of
contracts and cost of said im-
provements, and the City Clerk be
and is hereby directed to cause a
noitce of time and place of such
hearing to be published in a
newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shall not be less than
four days nor more than twenty
days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and
file objections to the proposed
plans, specifications, contracts, or
estimated cost of the improvement.
Passed, adopted and approved
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfaldt mov-
ed adoption of the Resolution.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION OF NECESSITY
RESOLUTION NO. 80-86
WHEREAS, proposed plans
have been duly prepared and ap-
proved by the City Council of the
ity of Dubuque and are now on file
in the office of the City Clerk show-
ing among other things the plans,
specifications, form of contracts
estimated cost and preliminary plat
and schedule showing the amount
proposed to be assessed against
each lot and the valuation of each
lot as fixed by the City Council, for
the 1986 Asphalt Paving Project
and the 1986 P.C. Concrete Paving
Project.
BE IT THEREFORE RESOLV-
May 5, 1986
ED that the City Council deems it
advisable and necessary for the
public welfare to make the herein
mentioned improvement, and
unless property owners at the time
of the final consideration of this
proposed resolution have on file
with the City Clerk objections to
the resolution of necessity, they
shall be deemed to have waived all
objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
~hich have been approved by the
City Council and are now on file
with the City Clerk. That the cost
and expense of making said im-
provement will be assessed partial-
ly or totally against privately own-
ed property lying within the assess-
ment limits, and in an amount not
to exceed that provided by law, and
s proportion to the special benefits
:on farted.
The portion of the cost which
~hall be borne by the City will be
paid from General Obligation
Bonds, the CIP levy, private fund-
lng, and the Parking Depreciation
Fund, and special assessment
bonds may be issued in anticipation
of deferred payments of
assessments when a contract has
been performed and accepted, and
the proceeds thereof used to pay the
contractor.
The above resolution was in-
troduced, approved and ordered
~laced on file with the City Clerk
his 5th day of May, 1986.
Approved and placed on file for
~inal action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt mov-
ed adoption of the Resolution.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
153
Regular Session May 5, 1986
Nays--None.
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
RESOLUTION NO. 81-86
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
given its preliminary approval on
the proposed plans, specifications
and form of contracts and placed
same on file in the office of the Ci-
ty Clerk for public inspection, for
the 1986 Asphalt Paving Project
and the 1986 P.C. Concrete Paving
Project, and,
WHEREAS, the proposed
Resolution of Necessity for said im-
provement has been introduced and
is now on file in the City Clerk's of-
rice for public inspection.
NOW, THEREFORE, BE IT
RESOLVED, that on the 2nd day
of June, 1986, a public hearing will
be held at 7:30 o'clock p.m. in the
Public Library Auditorium in the
City of Dubuque at which time the
owners of property subject to
assessment for the proposed im-
provement or any other person hav-
ing an interest in the matter may
appear and be heard for or against
the m0king of the improvement, the
boundaries of the district, the cost,
the assessment against any lot, or
the final adoption of a resolution of
necessity, and the City Clerk be and
is hereby authorized and directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shall be published once
each week for two consecutive
weeks, the first publication of which
shall be not less than ten days prior
to the day fixed for its considera-
tion. Unless property owners at the
time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to
the Resolution of Necessity they
shall be deemed to have waived all
objections thereto.
Passed, adopted and approved
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kranfeldt mov
ed adoption of the Resolution.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 82-86
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets are
hereby determined to be the
schedule of proposed assessments
for the 1986 Asphalt Paving Pro-
ject and the 1986 P.C. Concrete
Paving Project, and the valuations
set out herein are hereby approved.
Passed, approved and adopted
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt mov-
ed adoption of the Resolution.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
subr~tting proposed amendment to
the Fiscal Year 1986 Budget and re-
questing a Public Hearing be held
as required, presented and read.
. Council Member Kluesner moved
that the communication be reeeiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION No. 83-86
RESOLUTION DIRECTING
THE CITY CLERK TO PUBLISH
PROPOSED AMENDMENT TO
THE FISCAL YEAR 1986
BUDGET AND DATE OF
PUBLIC HEARING
WHEREAS, it is proposed that
Regular Session, May 5, 1986
the City of Dubuque amend its
Fiscal Year 1986 budget; and
WHEREAS, Section 384.16 of
the Code of Iowa stipuintes that a
public hearing must be held on such
a budget amendment.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and
directed to publish notice of public
hearing on an amendment to the
adopted budget for the City of
Dubuque, Iowa.
Passed, approved and adopted
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution, setting
the Public Hearing on this for May
19, 1986 at 7:30 p.m. in the Public
Library Auditorium and that the
City Clerk be directed to publish
notice in the manner prescribed by
law. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning .and
Zoning Commission approwng
rezoning request of John Bonnette
for property at 2196-2198 Univer-
sity Ave. from R-3 Multi-Family
Residential District to PC Planned
Commercial, presented and read.
Council Member Kronfeldt moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner,
Kronfeldt, Manning, Simon.
Nays--Council Member Krieg.
An ORDINANCE Amending the
Code of Ordinances by revising Ap-
pendix A thereof by reclassifying
property at 2196-2198 University
from R-3 Moderate Density Multi-
Family Residential District to PC
Planned Commercial District,
:nted and read. Council
Kluesner moved that this
be tabled and referred
matter to the Planning and Zoning
Commission with the recommenda-
tion to reconsider. Seconded by
Council Member Simon. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending approval to vacate
Public Utility Easement at 965 In-
dian Ridge and set the matter for
~ublic hearing, presented and read.
ouncil Member Kranfeldt mov.ed
that the communication be recav-
ed and filed and vacation approved
with Public Hearing set for May 19,
1986 at 7:30 p.m. in the Public
Library Auditorium, and the City
Clerk be directed to publish notice
in the manner prescribed by law.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and
Zoning Commission recommending
approval of proposed Urban
Renewal Project for the Conier
Valley Redevelopment Area AND
Communication of City Manager
Public Hearing be held
Conier Valley Redevelop-
Plan on May 19,
1986, presented and read. Council
Member Kronfeldt moved that the
communications be received and fil-
ed and Hearing set for May 19,
1986 at 7:30 p.m. in the Public
Library Auditorium and that the
City Clerk publish notice in the
manner prescribed by law. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Richard Fluhr,
Dubuque County Soil Conservation
Commissioner, requesting to ad-
155
154
Regular Session May 5, 1986
dress the Council on the need to
study and adopt a City Ordinance
which will protect both soil and
water resources, presented and
read.
Mr. Fhihr of 845 Kaufman, re-
quested an Ordinance re: erosion,
urging Council to be responsible for
our natural resources.
Council Member Kronfeldt mow
ed that the communication be
received and filed. Seconded by
Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg,
Kronteldt, Manning, Simon.
Nays--None.
Council Member Manning further
moved that this matter be referred
to the Staff for feedback and com-
ments within six months. Second-
ed by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Stephen Hat-
die, President of Frank Hardie
Advertising, Inc. requesting to ad-
dress the Council regarding action
be taken to terminate the tenancy
of the outdoor advertising
billboards along City property on
Hill Street, presented and read.
Steve Hardie of 62 Fremont, stated
they would reduce number of
billboards in area, would continue
to maintain area and install park
lights but requests a long term
lease. Council Member Kranfeldt
moved that the communication be
received and filed. Seconded by~
Council Member Simon. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Kronfeldt,
Manning, Simon.
Nays--Council Member Deich,
Krieg.
Communication of City Manager
responding to comments of above
and recommending Council reaffirm
their action of April 21st ordering
the billboards removed from the
Hill Street property no later that
July 1st, presented and read. Coun-
cil Member Kronfeldt moved that
the communication be received and
filed and reaffirmed action. Second-
ed by Council Member Simon. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Khiesner, Kronfeldt,
Manning, Simon.
Nays--Council Members Deich,
Krieg.
ORDINANCE NO. 35-86
AN ORDINANCE OF THE CI-
TY OF DUBUQUE, IOWA, PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBU-
QUE, IOWA, BE AMENDED BY
REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE
AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", BY
REPEALING THE C-3 PORTION
OF SECTION 4-3.11 SCHEDULE
OF SIGN REGULATIONS AND
ENACTING A NEW C-3 PeR-
TION OF SECTION 4-3.11 IN
LIEU THEREOF, TO CHANGE
THE SIGNS IDENTIFYING
NAME, PROFESSION, OC-
CUPANTS AND HOURS OF
OPERATION FOR THE C-3
GENERAL COMMERCIAL
DISTRICT, said Ordinance having
been presented and read at the
Council Meeting of April 7, 1986
and April 21, 1986, now being
~resented for final adoption.
ORDINANCE 35-86
~N ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY REPEALING THE C-3
PORTION OF SECTION 4-3.11
SCHEDULE OF SIGN REGULA-
TIONS AND ENACTING A NEW C-
3 PORTION OF SECTION 4-3.i1 IN
LIEU THEREOF, TO CHANGE
THE SIGNS IDENTIFYING NAME,
PROFESSION, OCCUPANTS AND
HOURS OF OPERATION FOR THE
C-3 GENERAL COMMERCIAL.~D1S-
TRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
156
Regular Session
be amended by revising Appendix A
thereof, also know~ as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by repealing the C-
3 portion of Section 4-3.11 Schedule of
Sign Regulations thereof, and enacting
a new C-3 p~rtion of Section 4-3.11
Schedule of Sign Regulations in lieu
thereof, as follows:
SECTION 4-3.11. SCHEDULE OF
SIGN REGULATIONS.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED this 5th day of May,
1986.
JAMES E. BRADY, MAYOR
Attest:
MARY A. DAVIS, CITY CLERK
Publislied officially in the Telegraph
Herald newspaper this 12th day of
May, 1986.
Mary A. Davis
City Clerk
Council Member Kluesnar moved
final adoption of the Ordinance.
Seconded by Mayor Brady. Carried
by the foilowing vote:
Yeas--Mayor Brady, Council
Members Dalch, Khiesnar, Krieg,
Manning, Simon.
Nays--Council Member
Kronfeldt.
Communication of John Shnian,
on behalf of Emco Investors, ques-
tioning if the City is interested in
vacating the alley between 17th and
18th Street, west of Elm, Emco In-
vestors asks to purchase the alley,
presented and read. Council
Member Simon moved that the
communication be received and fil-
ed and matter referred to the City
Manager. Seconded by Council
Member Kronfaldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting Ordinances to incor-
porate into the City Code the
season and the hours which various
City parks and recreation facilities
are open for public use, presented
May 5, 1986
and read. Coundl Member Kluesner
noved that the communication be
received and filed. Seconded by
Council Member Manning. Carried
by the the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 36-86
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
]Y ENACTING A NEW SECTION
27-63 IN LIEU THEREOF PRO-
VIDING FOR THE SEASON AND
HOURS PARK AND PARK &
RECREATION FACILITIES ARE
OPEN FOR PUBLIC USE,
presented and read.
Council Member Kluesner moved
that this be considered the first
reading of the Ordinance. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Klueener moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two coun-
cil meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 36-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCE OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 27-62
THEREOF AND ENACTING A
NEW SECTION 27-62 IN LIEU
THEREOF PROVIDING FOR THE
SEASON AND HOURS PARKS
AND PARK AND RECREATION
FACILITIES ARE OPEN FOR PUB-
LIC USE
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Code of Ordi-
nances of the City of Dubuque, Iowa
157
Regular Session, May 5, 1986
be amended by repealing Section 27-
62 thereof and enacting a new Section,
27-62 in lieu thereof as follows:
"Sec. 27-62. Open Season and
Hours - Generally.
(a) No person shall enter or remain
in any park or park and recreation
facility other than during the season
and hours designated in this section.
(b) For the purposes of this section,
the regular park season shall mean
from Mother's Day through the second
Sunday of October.
(c) Eagle Point Park, Flora Park and
Louis Murphy Park shall be open for
use by the public from 7:00 a.m. to
10:00 p.m. daily during the regular
park season.
Eagle Point Park wdl be closed to
incoming traflic after 9:00 p.m. dur-
ing the regular park season.
On those occasions during the non-
regular park season when weather per-
mits, Eagle Point Pm'k, Flora Park and
Lo,tis Murphy Park will be open for
moving vehicular traffic on weekdays
between the hours of 8:00 a.m. and
3:00 p.m. and on weekends from 12:00
noon until 5:00 p.m.
(d) Marshall Park and the public use
area of Franklin D. Roosevelt Park
shall be open to the general public
from 7:00 a.m. to sunset daily during
the regular park season.
(e) Gerald "Red" McAleece Park
and Recreation Complex and Veterans'
Memorial Park shall be open for use
by the public from 7:00 a.m. to 12:00
midnight daily.
(f) Bunker Hill Goff Course shall be
open for use by the public from 7:00
a.m. to 10:00 p.m. daily, April thi'ough
October.
(g) Flora Park Swimming Pool and
Municipal Swimming Pool shall be
open for use by the public from 7:00
a.m. to 10:00 p.m'. daily, June through
August.
(h) The following parks and park
and recreation facillties shail be open
for use by the public from 7:00 a.m. to
10:00 p.m. daily:
Allison Henderson Park
Avon Park
Booth Tennis Courts
Burden Playground
Caledonia Playground
Cleveland Park
Comiskey Field/park
Falk Playground
Flat Iron Park
Gay Playground
Grant Park
Hillcrest Tot Lot
Hilltop Playground
Jackson Park
Jefferson Park
Madison Park
Mauss Conservation Park
Oakwood Park
Valley High Playground
Wailer-Cooper Tot Lot
Wastfington Pack
i) The City Manager or authorized
representative shall have the authority
to close any or all parks, park and rec-
reation facilities, park roadways and
park parking lots before scheduled
closing hours at times it is deemed nec-
essary in the interest and safety of the
public.
Passed, approved and adopted this
5th day of May, 1986,
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
May, 1986.
Mary A. Dav~s
City Clerk
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Man-
nlng. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
responding to petition received per-
raining to the Northwest Arterial
and Pennsylvania Avenue intersec-
tion, presented and read.
Council Member Kluesner moved
that the communication be receiv-
ed and fried and City Staff submit
update of accidents and type of ac~
cidents at end of August for re-
evaluation. Seconded by Council
Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner further
moved that at the next meeting
they would like Staff to sub'it the
costs for the advanced warning,
signalization for Council considera-
tion and to consider and reduce
speed to 35 mph for 500 feet either
side of intersection. Seconded by
158
Regular Session, May 5, 1986
Council Member Manning. Carried
by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Kranfeldt, Mann-
ing, Simon.
Nays--Mayor Brady.
Mayor Brady instructed Staff to
prepare Ordinance to provide for
four-way stop sign. Seconded by
Council Member Deich. Vote on the
motion was as follows:
Yeas--Mayor Brady, Council
Member Deich.
Nays--Council ' Members
Kluesner, Krieg, Kronfeldt, Mann-
ing, Simon.
MOTION FAILED.
Communication of City Manager
requesting approval to proceed
with two (2) General Obligation
Bond issues and seeking direction
on whether or not to proceed,
presented and read. Council
Member Manning moved that the
communication be received and fil-
ed and authorized proceedings.
Seconded by Council Member
Simon. Carried by the following
vote:
Yeas--Mayor Brady, ~ouncil
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Dubuque Downtown Association
requesting transfer (if needed) of
their Beer Permit to South End of
Locust Street parking Ramp on
May 17, 1986 AND The Brewing
Co. to Town Clock Plaza on May
17th and 18th, presented and read.
Council Member Kluesner moved
that the transfer be approved.
Seconded by Council Member
Kronfaldt. Carried by the foliowing
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesnar, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 84-86
WHEREAS, Applications for
Beer Permits have been submitted
and filed to this Council for ap-
proval and the same have been ex-
amined and approved; and
WHEREAS, The premises to be
occupied by such applicants were
inspected and found to comply with
the Ordinances of this City and
have filed proper bond;
NOW THEREFORE BE IT
RESOLVED 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
Nites of the Square Table, Inc. 6th Street
Sales)
699 Main St.
Passed, adopted and approved
this 5th days of May 1986.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Kluesner moved
final adoption of the Resolution.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 85-86
WHEREAS, Applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City Or-
dinances relevant thereto and they
have filed proper bonds;
NOW THEREFORE BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicant(s) a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Soupy's, lne. 2095 Kerper Blvd.
Hudson's (Also Sunday Sales)
Clair A. Woodman 1046 Central Ave.
Central Tap
D B Q Inc. 4th a~d Locust St.
Shot Tower Inn (Also Sunday Sales)
Nancy Pauly 951 Main St.
The Brewing Co. (Sunday Sales Only)
159
Regular Session, May 5, 1986
rdaylo $. Turner 2417 Rhomberg Ave.
Lucky Lady Saloon (Also Sunday Sales)
Passed, adopted and approved
this 5th day of May 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Mannihg, Simon.
Nays--None.
MINUTES SUBMITTED: Cable
TV Regulatory Comm. of 4-9;
Historic Preservation Comm. of
4-22; Housing Conun. of 4-15; Hous-
ing Code Appeals Board of 4-9;
Human Rights Comm. of 3-10 &
4-21; Plumbing Board of 4-15;
Public Library of 4-15; Transit
Board Earnings Statement &
Statistics for 3rd Quarter of FY '86;
Five Flags Comm. of 4-21; Planning
and Zoning Comm. of 4-2; Zoning
Board of Adjustment of 3-18 &
3-27, presented and read. Council
Member Kranfeldt moved that the
minutes be received and filed.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayar Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: American Family In-
surance on behalf of their client
Larry McCoy, in the amount of
$88.40 for towing charges; Carol
Clark in unknown amount for per-
sonal injuries; Dubuque
Metropolitan Area Solid Waste
Agency vs. John J. Cocayne, Jr. vs.
City of Dubuque (Third Party
Defendant) in the amount of
$2,592.05 for negligence; Wood-
ward Communications, Inc. d/b/a
KDTH (third party plaintiff) vs. Ci-
ty praying for full and complete in~
demnity for costs involving acci-
dent at Five Flags Civic Center,
presented and read. Council
Member Kronfeldt moved that the
claims and suits be reIerred to the
Legal Staff for investigation and
report. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel,recommending settlement
of personal injury claim of Ramona
Routley, daughter of Ranmna
Routley, in the aranunt of $854 with
interest at 10% from February 18,
1986 plus court costs in the amount
of $37.10, presented and read.
Council Member Kronfeldt moved
that the communications be receiv-
ed and filed and settlements ap-
proved with the Finance Director
be directed to issue the proper
check. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel advising that the Iowa
Supreme Court will reconsider the
case of Spechtenhanser vs. City of
Dubuque, presented and read.
Council Member Kronfeldt moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending denials of
property damage claim of John
Krupicka and backed-up sewer
claim of Debra and Dennis Hiilard,
presented and read. Council
Member Kronfeldt moved that the
communication be received and fil-
ed. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Bill Weitnauer
submitting resignation from Elec-
160
Regular Session, May 5, 1986
trical Review Board, presented and
read. Council Member Kronfeldt
moved that the communication be
received and filed and accepted
with regret. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Communication of Paul Rossiter
submitting his resignation as a
member of the Historic Preserva-
tion Commission effective June 29,
Streets Project, presented and read.
Council Member Kronfeldt moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 86-86
WHEREAS, the contract for the
Rotman Parking Lot has been com-
pleted and the City Manager has
1986, presented and read. Council ~ examined the work and filed his cer-
Member Kronfaldt moved that the ~ tificate stating that the same has
communication be received and fil- | been completed according to the
ed and resignation accepted with terms of the contract, plans and
regret. Seconded by Council specifications and recommends its
Member Manning. Carried by the acceptance.
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED:
Nash Finch Co. $25 on unexpired
Cigarette License, presented and
read. Council Member Kronfeldt
moved that the refund be approv-
ed and Finance Director directed to
issue the proper check. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting evidence of insurance
covering newspaper vending
machines placed on City property
by the Dubuque Telegraph Herald
and requesting certificate be a mat-
ter of public record, presented and
read. Council Member Kronfeldt
moved that the communication be
received and filed. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineanar, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance of Rot-
man Parking Lots, Third and Iowa
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he
is hereby directed to pay to the con-
tractor from the Road Use Tax
Fund and the Community Develop-
ment Fund in amount equal to the
amount of his contract, less any re-
tained percentage provided for
herein.
Passed, adopted and approved
;his 5th day of May, 1986.
James E. Brady
Mayor
TTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt mov-
ed adoption of the Resolution.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 87-86
WHEREAS, the controct for the
Rotman Parking Lot has been com-
pleted and the City Engineer has
I submitted his final estimate show-
161
Regular Session, May 5, 1986
lng the cost thereof including the
cost of estimates, notices and in-
spection and all miscellaneous
Costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council
of the City of Dubuque, Iowa:
Section 1. That the cost of said
improvement is hereby determined
to be $33,082.37 and that said
amount shall be paid from the Road
Use Tax Fund and the Community
Development Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted,
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt mov-
ed adoption of the Resolution.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business,
Council Member Kluesner moved to
adjourn. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner,
Kranfeldt, Manning, Simon.
Nays-None.
Meeting adjourned at 12:03 A.M.
Mary A. Davis
City Clerk
Approved __1986
Adopted 1983
Mayor
Council Members
ATTEST:
City Clerk
Special Session, May 12, 1986
OFFICIAL
Special Session, May 12, 1986
Council Met at 7:00 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Manning, Simon, City Manager W.
Kenneth Gearhart, Assistant City
Attorney James O'Brien.
Absent: Council Member
Kronfeldt, Corporation Counsel
Barry A. Lindahl.
Mayor Brady read the call and
stated that this meeting is a
SPECIAL MEETING of the City
Council called for the purpose TO
CONSIDER RESOLUTIONS
CHANGING THE DATE OF
PUBLIC HEARING ON THE
1986 STREET PROGRAM
PROJECT.
RESOLUTION NO. 88-86
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of
the City of Dubuque, Iowa on May
5, 1986 adopted Resolution No.
79-86 fixing the date of hearing on
Plans and Specifications for the
1986 Asphalt Paving Project and
the 1986 P.C. Concrete Paving Pro-
ject; and
WHEREAS, the City Council
has determined that the public
hearing should be re-echeduled from
the 2nd day of June, 1986 to the 9th
day of June, 1986.
NOW, THEREFORE, BE IT
RESOLVED:
Section 1. That Resolution No.
79-86 passed and approved on the
5th day of May, 1986 is hereby
repealed.
Section 2. That on the 9th day of
June, 1986 a p, ublic hearing will be
held at 7:30 o clock p.m. in the Five
Flags Theater at which time in-
terested persons may appear and be
heard for or against the proposed
plans and specifications, form of
contracts and cost of said im-
provements, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a
newspaper having general circulaP
tion in the City of Dubuque, Iowa,
which notice shall not be less than
four days nor more than twenty
days prior to the day fixed for its
consideration. At the hearing, any
person may appear and
objections to the proposed
f the improvement.
Passed, adopted and approved
;his 12th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kfuesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Simon.
Nays--None.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 89-86
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
WHEREAS, the City Council of
the City of Dubuque, Iowa on May
5, 1986 adopted Resolution No.
31-86 fixing the date of hearing on
the Resolution of Necessity for the
1986 Asphalt Paving Project and
the 1986 P.C. Concrete Paving Pro-
ject: and
WHEREAS, the City Council
has determined that the public
hearing should be re-scheduled from
the 2nd day of June, 1986 to the 9th
day of June, 1986.
NOW, THEREFORE, BE IT
RESOLVED:
Section 1. That Resolution No.
81-86 passed and approved on the
5th day of May, 1986 is hereby
repealed.
Section 2. That on the 9th day of
June? 1986 a p, ubllc hearing will be
at 7:30 o clock p.m. in the Five
r Theater in the City of Dubu-
uhich time the owners of pro-
subject to assessment for the
other
having an interest in the
matter may appear and be heard for
or against the making of the ira-
provement, the boundaries of the
163
162
SpeciM Session
district, the cost, the assessment
against any lot, or the final adop-
tion ora resolution of necessity, and
the City Clerk be and is hereby
authorized and directed to cause a
notice of time and place of such
hearing to be published in a
newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shall be published once
each week for two consecutive
weeks, the first publication of whloh
shall be not less than ten days prior
to the day fixed for its considera-
tion. Unless property owners at the
time of the final consideration of
this proposed resolution have on file
with the C~ty Clerk objections to
the Resolution of Necessity they
shall be deemed to have waived all
objections thereto.
Passed, adopted and approved
this 5th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Manning, Simon.
Nays--None.
Absent--Council Member
Kronfaldt.
There being no further business,
Council Member K[uesner moved to
adjourn. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klansner, Krieg,
Manning, Simon.
Nays--None.
Absent--Council Member
Kronfeldt.
Meeting adjourned at 7:22 p.m.
Mary A. Davis
City Clerk
Approved __1986
Adopted 1986
Mayor
May l2, 1986
Council Members
ATTEST:
City Clerk
Regular Session May l9, 1986
CITY COUNCIL
OFFICIAL
Regular Session, May 19, 1986
Council Met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, City Manager
W. Kenneth Gearhart, Corporation
Counsel Barry A. Lindahl.
Absent: Council Member Simon.
Mayor Brady read the call and
stated this is the REGULAR
MEETING of the City Council call-
ed for the purpose to act upon such
business which may properly come
before the Council.
INVOCATION: Rev. Gerald
Melby, Pastor of St. Matthew's
Lutheran Church.
PROCLAMATION: May 20th as
"Foster Grandparent Day" receiv-
ed by Shirley Conry.
Council Member Deich moved
that the rules be suspended to let
anyone present address the Coun-
cil if they so desire. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing to vacate a Public
Utility Easement located in a va-
cant lot between 955 Indian Ridge
and 965 Indian Ridge, presented
and read. There were no written ob-
jections received and no oral objec-
tors present at the time of the Hear-
ing. Council Member Kluesner mov-
ed that the proof of publication be
received and filed. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
RESOLUTION NO. 90-86
WHEREAS, pursuant to Resolu-
tion and published notice of tilne
and place of hearing, posted in the
Telegraph Herald, a newspaper of
general circulation, published on
the 9th day of May, 1986 in the Ci-
ty of Dubuque, Iowa; the City
Council of the City of Dubuque,
Iowa, met on the 19th day of May,
1986 at 7:30 o'clock P.M. (in the
Public Library Auditorium) to con-
sider the vacation and release of a
ten-foot wide public utility ease-
ment granted to the public that
runs east and west at the boundary
line between a parcel of land legal-
ly described as Lot i of Lot I of Lot
I of Block 2 in "Indian Hills" and
another parcel of land legally
described as Lot 2 of Lot i of Lot
2 of Lot 1 of Lot i of Block 2 in"In-
dian Hills", all in the City of Dubu-
que, Iowa, all as shown in the plat
of the subdivision of Lot 2 of Lot
I of Lot 1 of Block 2 in Indian Hills
in the City of Dubuque, Iowa filed
October 3, 1962 at Book 28 Page
331 in the office of the Recorder of
Dubuque County, Iowa and as is
further shown on the plat of the
~ubdivision of Lot 1 of Lot 2 of Lot
I of Lot i of Block 2 in Indian Hills
in the City of Dubuque, Iowa filed
June 3, 1965 at Book 30 Page 346
in the office of the Recorder of
Dubuque County, Iowa; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, deems
it in the best interest of the public
that said Release and Vacation be
granted and that said easement be
abandoned to the proprietor.
NOW, THEREFORE, be it
resolved by the City Council of the
City of Dubuque, Iowa:
Section 1. That the proposal to
vacate and release a ten-foot wide
public utility easelnent located at
:he boundary running east and west
between a parcel of land legally
described as Lot 1 of Lot 1 of Lot
i of Block 2 in Indian Hills and a
)arcel of land legally described as
Lot 2 of Lot i of Lot 2 of Lot 1 of
Lot i of Block 2 in "Indian Hills",
as herein above set out, and the
abandonment of said easement be
to the proprietor and the same is
hereby approved.
Section 2. That the Mayor and
City Clerk be and they are hereby
empowered to execute any
documents necessary to the releas-
164 165
Regular Session, May 19, 198~
ing of said public utility easement,
including this Resolution, and the
Mayor and City Clerk are hereby
empowered to certify this
Resolution.
Section 3. That the City Clerk be
and she is hereby directed to file a
certified copy of this Resolution in
the offices of the Dubuque County
Recorder, Auditor and Assessor.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Councll
Members Deich, Kluesner,
Kranfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing on Amendment of
Current Year City Budget,
presented and read. There were no
written objections received and no
oral objectors present at the time of
the Hearing. Council Member
Kluesner moved that the proof of
publication be received and filed.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
RESOLUTION NO. 91-86
A RESOLUTION AMEN-
DING THE CURRENT BUDGET
FOR THE FISCAL YEAR EN-
DING JUNE 30, 1986.
Be it resolved by the Council of
the City of Dubuque, Iowa:
Section 1. Following notice
published May 9, 1986 and the
public hearing held May 19, 1986,
the current budget (as previously
amended) is amended as set out
herein and in the detail by fund and
activity that supports this resolu-
tion which was considered at that
hearing:
Regular Session, May 19, 1986
Reason: Generalliability expense, bailfield scoreboards & bleachers, repl.
domes at WWT Plant, judgements, snow removal, elevator expense.
Reason: Litigation expense, liability insurance costs and snow removal
expense.
Passed this 19th day of May, 1986.
Mary A. Davis
City Clerk
James E. Brady
Mayor
166 167
Regular Session, May 19, 1986
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
RESOLUTION NO. 92-86
A RESOLUTION FOR
THE PERMANENT
TRANSFER OF FUNDS
WHEREAS, there is now in the
hands of the Treasurer the sum of
$82,796 credited to the General
Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$473,861 credited to the Special
Assessment Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$73,000 credited to the Wastewater
Treatment Plant Construction
Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$134,360 credited to the Special
Assessment Fund; and
WHEREAS, there is now in the
hands of the Treasurer the sum of
$15,000 credited to the Refuse Col-
lection Fund; and
WHEREAS, it is desired to
transfer $22,796 from the General
Fund to the Golf Construction
Fund in order to reserve the prior
year net surplus for capital pro-
jeers; and $60,000 from the General
Fund to the Tort Liability Fund to
cover increased general liability in-
surance expense; and
WHEREAS, it is desired to
transfer $473,861 from the Special
Assessment Fund to the Street
Construction Fund to cover con-
struction expense for Kennedy
Road - Pennsylvania to University;
and
WHEREAS, it is desired to
transfer $73,000 from the
Wastewater Treatment Plant Con-
struction Fund to the Sanitary
Sewer Construction Fund for put*
poses of closing out the fund; and
WHEREAS, it is desired to
transfer $134,360 from the Special
Assessment Fund to the Sanitary
Sewer Construction Fund for the
Peru Road/Kennedy Court sanitary
sewer ($40,649), the Catfish
Creek]Old Mill Road sanitary sewer
($33,000) and the Oneida/Walker
sanitary sewer ($60,711); and
WHEREAS, it is desired to
transfer $15,000 from the Refuse
Collection Fund to the Sanitary
Sewer Construction Fund for the
sewer extension on Schmitt Island.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said sum of
$779,017, as set forth above, be and
the same is hereby transferred from
the General Fund, Special Assess-
ment Fund, Wastewater Treatment
Plant Construction Fund, Special
Assessment Fund and Refuse Cob
lection Fund to the Golf Construc-
tion Fund, Tort Liability Fund,
Street Construction Fund and
Sanitary Sewer Construction Fund
and the City Finance Director is
directed to correct his books
accordingly.
Passed, approved and adopted
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Simon.
Council Member Simon entered
the Council Chambers at 7:46 P.M.
Proof of publication, certified to
by the Publisher, on Notice of
Public Hearing for the purpose to
consider the adoption ot the propos-
ed Canler Valley Redevelopment
Area Urban Renewal Project,
presented and read. There were no
written objections received. Mrs.
Chester Nichols of 137 Nicolett,
stressed the difficulty in saying
goodby to their home which they
Regular Session, May 19, 1986
had built.
Marsha Shaw stated that they
hoped to be treated fairly by the Ci-
ty in this matter. Council Member
Kluesner moved that the proof of
publication be received and filed.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member
Simon.
Communication of City Manager
submitting documents regarding
Urban Renewal Project, presented
and read. Council Member Kluesner
moved that the communication be
received and filed. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesnar, Krieg,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member
Simon.
ORDINANCE NO. 37-86
AN ORDINANCE PROVIDING
FOR THE ESTABLISHMENT OF
A TAX INCREMENT FINANC-
lNG DISTRICT, presented and
read.
Council Member Kluesner moved
that this be considered the first
reading of the Ordinance. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member
Simon.
Council Member Kluesner moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two coun-
cil meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member
ORDINANCE NO. 37-86
AN ORDINANCE pROVIDING
THAT GENERAl. pROPERTY
TAXES LEVIED AND COL-
LECTED EACH YEAR ON ALL
)ROPERTY LOCATED WITHIN
COULER VALLEY REDEVELOP-
MENT AREA URBAN RENEWAL
pROJECT IN THE CITY OF
DUBUQUE, cOUNTY OF
DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF
1D~u~BBUQUE, cOUNTY OF
UQUE, DUBUQUE COMMU-
NITY SCHOOL DISTRICT, AND
OTHER TAXING DISTRICTS, BE
PAID TO A SPECIAL FUND FOR
pAYMENT OF pRINCIPAL AND
iNTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTED-
NESS, iNCLUDING BONDS
ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN
CONNECTION WITH SAID
URBAN RENEWAL REDEVELOP-
MENT PROJECT.
WHEREAS, the City Council of the
City of Dubuque, Iowa, after public
notice and hearing as prescribed by law
approved May 19, 1986, adopted an
Urban Renewal Plan for an area
as the Couler Valley Redevel-
opment Area Urban Renewal Project,
wliictx project area includes the lots
and parcels within the boundaries, as
follows:
Begimfing at the intersection of the
south right-of-way llne of Ruby Ave-
~ with the west right-of-way line
of Central Avenue; thence north
along west riglit-of-way line of Cen-
tral Avenue to its intersection with
the north right-of-way line of Nico-
let Avenue; thence east along the
north right-of-way line of Nicolet
Avenue to its intersection witli the
east property line of Dalslng Place
No. 1; thence north along tliis line
direct extension of this line to
its intersection with the north right-
of-way line of Euclid Avenue; thence
east along the north line of Euclid
Avenue to its intersection with the
east right-of-way line of Jackson
Street; thence south along the east
right-of-way line of Jackson Street to
its hitersection with the south right-
of-way line of Ruby Avenue; thence
west along the south right-of-way of
Ruby Avenue to its hitersection with
169
168
Regular Session, May 19, 1986
the west right-of-way line of Central
Avenue wlfich is the point of beg~n-
WHEREAS, expenditures and
indebtedness of bonds is anticipated to
be incmTed by the City of Dubuque,
Iowa in the future to finance said
Urban Renewal Project; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, desires to pro-
vide for the division of revenue fi'om
taxation in the Urban Renewal Project
Area, as above described in accordance
with the provisions of Section 403.19 of
the Code of Iowa, 1985.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CiTY OF DUBUQUE,
IOWA:
Section 1. That the taxes levied on
the taxable property in the Urban
Renewal Project Area known as the
Couler Valley Redevelopment Area
Urban Renewal Project legally
described in the preamble hereof, by
and for the benefit of the State
Iowa, City of Dubuque, Iowa, County
of Dubuque, Dubuque Community
School District, and all other taxing
districts fl~om and after the effectivve
date of this Ordinanace shall be
divided as hereinafter in this Ordinance
provided.
Section 2. That portion of the taxes
w]~ch would be produced by the rate
at which the tax is levied each year
by or for each of the taxing districts
taxing property in said Urban Renewal
Area upon the total sum of the
assessed value of the taxable property
in said Urban Renewal Project as
shown on the assessment roll last
equalized prior to the date of initial
adoption of ~e Urban Renewal Plan
for the Couler Valley Redevelopment
Area Urban Renewal Project shall be
allocated to and when collected be
paid into the fund for the respective
taxing district as taxes by or for said
taxing district into which all other
property taxes are paid. The date of
assess*nent for the assessment roll last
equalized prior to the date of adoption
of the Urban Renewal Plan was Jan-
uaw 1, 1985.
Section 3. That portion of the taxes
each year in excess of the base period
taxes determined as provided in Sec-
tion 2 of this Ordinance shall be allo-
cated to and when collected be paid
into a special fund to be hereafter
established by resolution of the City
of Dubuque, Iowa, to pay the princi-
pal of and interest on loans, monies
advanced to, indebtedness, whether
funded, refunded, assumed or other-
wise, including bonds issued under the
authority of Section 403.9 of the 1985
Code of Iowa, and Section 403.12 of
the 1985 Code of Iowa, incurred by
the City of Dubuque, Iowa, to finance
or refinance in whole or in part the
Couler Valley Redevelopment Area
Urban Renewal Project except that
taxes for~the payment of bonds and
interest of each taxing district levying
taxes on said project area shall be col-
lected against all taxable property
witliin the project area without any
limitation as hereinabove provided.
Section 4. All taxes levied and col-
lected upon the taxable property in
said Couler Valley Redevelopment
Area Urban Renewal Project shall be
paid into the funds of the taxing dis-
tricts as taxes by or for said taxing
districts in the same manner as all
other property taxes unless or until the
total assesc~d valuation of the taxable
property in said Urban Renewal
Project shall exceed the total assessed
value of the taxble property in said
Urban Renewal Project on the date of
adoption of the Urban Renewal Plan,
as shown by the last equalized assess-
ment rolls, dated January 1, 1985.
Section 5. At such time as the
bonds and interest thereon of the City
of Dubuque hereinabove referred to
have been paid, all monies thereafter
received from taxes upon the taxable
property in the Urban Renewal Project
known as the Couler Valley Redevel-
opment Area Urban Renewal Project
shall be paid into the funds for the
respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of
ordinances in conflict with the provi-
sions of this Ordinance are hereby
repealed. The provisions of this Ordi-
nance are intended and shall be con-
strued so as to fully implement the
provisions of Section 403.19 of the 1985
Code of Iowa with respect to the divi-
sion of taxes from property within the
Urban Renewal Project Area as
described above. In the event that any
provision of this Ordinance shall be
detemnined to be contrary to law it
shall not affect other provisions or
application of this Ordinnace which
stroll at all times be construed to fully ,
invoke the provisions of Section 403.19
of the Code of Iowa with reference to
said Urban Renewal Project and the
territory therein.
Section 7. This Ordinance shall be
in effect after its final passage,
approval and publication as provided
by law.
PASSED, APPROVED and
Regular Session, May 19, 1986
ADOPTED this 19th day of May,
1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officiaily in the Telegraph
Herald newspaper this 27th day of
May, 1986.
Mary A. Davis
City Clerk
lt5/27
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Man*
nJng. Carried by the following vote:
Yeas--Mayor Brady, Council
Member Deich, Kluesner, Krieg,
Kronfeldt, Manning,
Nays--None.
Abstain--Council Member
Simon.
RESOLUTION NO. 94-86
RESOLUTION FIXING DATE
FOR A MEETING OF THE PRO-
POSITION OF THE ISSUANCE
OF $2,200,000 GENERAL
OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PUR-
POSE) OF DUBUQUE, IOWA,
AND PROVIDING FOR
PUBLICATION OF NOTICE
THEREOF
WHEREAS, it is deemed
necessary and advisable that the Ci-
ty of Dubuque, Iowa, should issue
General Obligation Bonds to the
amount of $2,200,000, as anthoriz-
ed by Section 384.25, of the City
Code of Iowa, for the purpose of
providing funds to pay costs of car-
tying out an essential corporate
purpose project as hereinafter
described; and
WHEREAS, before said bonds
may be issued, it is necessary to
comply with the provisions of said
Code, and to publish a notice of the
proposal to issue such bonds and of
the time and place of the meeting
at winch the Council proposes to
take action for the issuance of the
bonds and to receive oral and/or
written objections Irum any resi-
dent or property owner of said Ci-
ty to such action;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
]ection 1. That this Council meet
in the Carnegie-Stout Public
Library Auditorium, Dubuque,
Iowa, at 7:30 o'clock P.M., on the
2nd day of June, 1986, for the pur-
pose of taking action on the matter
of the issuance of $2,200,000
General Obligation Bonds for an
essential corporate purpose of said
City, the proceeds of which bonds
will be used to provide funds to pay
tion and repairing of street im-
and improvements to
Section 2. That the Clerk is
, directed to cause at least one
publication to be made of a notice
of said meeting, in a legal
newspaper, printed wholly in the
English language, published at
least once weekly, and having
general circulation in said City, said
publication to be not less than four
clear days nor more than twenty
days before the date of said public
meeting on the issuance of said
bonds.
Section 3. The notice of the pro-
posed action to issue said bonds
shall be in substantially the follow-
ing form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE
~IATTER OF THE PROPOSED
ISSUANCE OF $2,200,000
GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL COR-
PORATE PURPOSE) OF SAID
CITY, AND THE HEARING ON
THE ISSUANCE THEREOF.
PUBLIC NOTICE is hereby
given that the Council of the City
of Dubuque, Iowa, will hold a public
hearing on the 2nd day of June,
1986, at 7:30 o'clock P.M., in the
Carnegie-Stout Public Library
Auditorium, Dubuque, Iowa, at
~inch meeting the Council proposes
to take additional action for the is-
suance of $2,200,000 General
Obligation Bonds for an essential
corporate purpose of said City, in
order to provide funds to pay costs
of construction, reconstruction and
repairing of street improvements
and improvements to the municipal
airport.
At the above meeting the Coun-
cil shall receive oral or written
170 171
Regular Session May19, 1986
objections from any resident or pre-
perry owner of said City, to the
above action. After all objections
have been received and considered,
the Council will at this meeting or
at any adjournment thereof, take
additional action for the issuance of
said bonds or will abandon the pro-
posal to issue said bonds.
This notice is given by order of
the Council of Dubuque, Iowa, as
provided by Section 384.25 of th,
City Code of Iowa.
Dated this 19th day of May,
1986.
Mary A. Davis
City Clerk of Dubuque, Iowa
Passed and approved this 19th
day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Kranfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 95-86
RESOLUTION FIXING DATE
FOR A MEETING ON THE PRO-
POSITION OF THE ISSUANCE
OF NOT TO EXCEED $10,000,000
GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL COR-
PORATE PURPOSE) OF DUBU-
QUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE
THEREOF.
WHEREAS, it is deemed
necessary and advisable that the Ci-
ty of Dubuque, Iowa, should issue
General Obligation Bonds to the
amount of not to exceed
$10,000,000, as authorized by Sec-
tion 384.25, of the City Code of
Iowa, for the purpose of providing
funds to pay costs of carrying out
an essential corporate purpose pro-
ject as hereinafter described; and
WHEREAS, before said bonds
may be issued, it is necessary to
comply with the provisions of said
Code, and to publish a notice of the
proposal to issue such bonds and of
the time and place of the meeting
at which the Council proposes to
take action for the issuance of the
bonds and to receive oral and/or
written objections from any resi-
dent or property owner of said Ci-
ty to such action;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this council meet
in the Carnegie-Stout Public
Library Auditorium, Dubuque,
Iowa, at 7:30 o'clock P.M., on the
2nd day of June, 1986, for the pur~
pose of taking action on the matter
of the issuance of not to exceed
$I0,000,000 General Obligation
Bonds for an essential corporate
purpose of said City, the proceeds
of which bonds will be used to pro-
vide funds to pay costs of rafunding
general obligation bonds in the prin-
cipal amount of $7,9OO, OOO prasent-
ly issued and outstanding.
Section 2. That the Clerk is
hereby directed to cause at least one
publication to be made of a notice
of said meeting, in a legal
newspaper, printed wholly in th~
English language, published at
least once weekly, and having
general circulation in said City, said
)ublication to be not less than four
clear days nor more than twenty
days before the date of said public
meeting on the issuance of said
bonds.
Section 3. The notice of the pra-
posed action to issue said bonds
shall be in substantially the follow-
ing form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED
$10,000,000 GENERAL OBLIGA-
TION BONDS (FOR AN ESSEN-
TIAL CORPORATE PURPOS~E)
OF SAID CITY, AND THE HEAR-
ING ON THE ISSUANCE
THEREOF.
PUBLIC NOTICE is hereby
given that the Council of the City
of Dubuque, Iowa, will hold a public
hearing on the 2nd day of June,
1986, at 7:30 o'clock P.M., in the
Carnegie-Stout Public Library
Auditorium, Dubuque, Iowa, at
Regular Session May 19, 1986
which meeting the Council proposes
to take additional action for the is-
suance of not to exceed $10,000,000
General Obligation Bonds for an
essential corporate purpose of said
City, in order to provide funds to
pay costs of refunding general
obligation bonds in the principal
amount of $7,900,000 presently
issued and outstanding.
At the above meeting the Coun-
cil shall receive oral or written ob-
jections from any resident or pro-
petty owner of said City, to the
above action. After all objections
have been received and considered,
the Council will at this meeting or
at any adjournment thereof, take
additional action for the issuance of
said bonds or will abandon the pro-
posal to issue said bonds.
This notice is given by order of
the Council of Dubuque, Iowa, as
provided by Section 384.25 of the
City Code of Iowa.
Dated this 19th day of May,
1986.
Mary A. Davis
City Clerk of Dubuque, Iowa
Passed and approved this 19th
day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueaner moved
adoption of the Resolution. Second-
ed by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Planning and
Zoning Commission approving
rezaning request of Foot Levalars,
Inc. for property located at 1897
Old Mill Road and 1901 Rockdale
Road, presented and read. Council
Member Klueaner moved that the
communication be received and fil-
ed. Seconded by Council Member
Kronfaldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesener, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Revising Ap-
pendix A of the Code of Ordinances
by reclassifying property at 1897
Old Mill road and 1901 Rockdale
Road from R-1 Single Family
Residential District and C-1
Neighborhood Commercial District
to CS Commercial Service and
Wholesale District, presented and
read.
Council Member Kluesner moved
that this be considered the first
reading of the Ordinance. Second-
ed by Council Member Kronfaldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesnar, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Council Membar Klueenar moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two Coun-
cil Meeting prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved
that a Public Hearing be held on the
proposed Ordinance on the 2nd day
of June, 1986 at 7:30 o'clock p.m.
at the Public Library Auditorium
and that the City Clerk be directed
to publish notice in the manner
prescribed by law. Seconded by
Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and
Zoning Commission approving
rezoning request by Edward
Tschiggfrie for 23 acres of land
located north of Highway 20,
presented and read. Council
Member Kluesner moved that the
communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
172 173
Regular Session, May 19, 1986
Kronfaldt, Manning, Simon.
Nays--None.
An ORDINANCE Revising Ap-
pendix A of the Code of Ordinances
by reclassifying property north of
Highway 20 and east of the
Northwest Arterial from AG
Agricultural District to CS Com-
mercial Service and Wholesale
District, presented and read. Coun-
cil Member Khiesner moved that
this be considered the first reading
of the Ordinance. Seconded by
Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Council Member K]uesner moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two Coun-
cil Meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Kranfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member K[uesner moved
that a Public Hearing be held on the
proposed Ordinance on the 2nd day
of June, 1986 at 7 30 o'clock p.m.
at the Public Library Auditorium
and that the City Clerk be directed
to publish notice of the Public Hear-
ing in the manner prescribed by
law. Seconded by Council Member
Kranfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting documents for in-
itiating the public bidding process
for installation of an Elevator and
associated office renovation in Ci-
ty Hall, presented and read. Coun-
cil Member Simon moved that the
communication be received and fil-
ed. Seconded by Council Member
Khieener. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 96-86
BE IT RESOLVED BY THE C1-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Elevator In-
stallation and Office Renovation in
City Hall, in the estimated amount
of $221,000.00, are hereby approv-
ed and ordered filed in the office of
the City Clerk for public inspection.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Second-
ed by Council Member Khiesner.
Carried by the following vote.
Yeas--Mayor Brady, Council
Members Deich, Khieener, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 97-86
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the Ci-
ty Clerk for public inspection of the
Elevator Installation and Office
Renovation in City HaH.
NOW THEREFORE, BE IT
RESOLVED that on the 16~h day
of June, 1986, a public liearing will
be held at 7:30 p.m. in the Public
Library Auditorium at which time
interested persons may appear and
be heard for or against the propos-
ed plans and specifications, form of
contract and cost of said improve-
ment, and the City Clerk be and is
hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having
general circulation in the City of
Regular Session, May 19, 1986
Dubuque, Iowa, which notice shaH
not be less than four days nor more
than twenty days prior to the day
fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposed plans, specifications, con-
tract, or estimated cost of the
improvement.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Second-
ed by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 98-86
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Elevator Installation
and Office Renovation in City Hall
is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED,
that the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the
plans and specifications heretofore
adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in
a newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shah not be less than
four days nor more than twenty
days prior to the receipt of said bids
at 2:00 p.m. on the 5th day of June,
1986. Bids shaH be opened and read
by the City Clerk at said time and
will be submitted to the Council for
final action at 7:30 p.m. on the 16th
day of June, 1986.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Second-
ed by Council Member Klueener.
Carried by the following vote:
Yeas--Mayor Brady, Council
qlembers Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting documents for in-
itiating the public bidding process
for structural modifications in the
City Transit Garage, presented and
read. Council Member Simon mov-
ed that the communication be
received and filed. Seconded by
Council Member Kluesner. Carried
by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--Mayor Brady, Council
Member Simon.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 99-86
BE IT RESOLVED BY THE CI-
TY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Structural
Modifications of the Transit
Garage, in the estimated amount of
$48,400.00, are herby approved and
ordered filed in the office of the Ci-
ty Clerk for public inspection.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Second-
ed by Council Member Kluesner,
Carried by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--Mayor Brady, Council
Me~nber Kranfeldt.
174 175
Regular Session, May 19, 1986
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 100-86
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the Ci-
ty Clerk for public inspection of the
Structural Modifications of the
Transit Garage.
NOW, THEREFORE, BE IT
RESOLVED that on the 16th day
of June, 1986, a public hearing will
be held at 7:30 p~m. in the Public
Library Auditorium at which time
interested persons may appear and
be heard for or against the propos-
ed plans and specifications, form of
contract and cost of said improve-
ment, and the City Clerk be and is
hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty daysprior to the day
fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposed plans, specifications, can-
tract, or estimated cost of the
improvement.
Passed, adopted and approved
this 19th day of May, 1986
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Second-
ed by Council Member Klueaner.
Carried by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--Mayor Brady, Council
Member Kronfeldt.
ORDERING BIDS
RESOLUTION NO. 101-86
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Structural Modifica-
tions of the Transit Garage is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED,
that the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice of bidders
approved as a part of the plans and
specifications heretofore ~adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in
a newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shall not be less than
four days nor more than twenty
days prior to the receipt of said bids
at 2:00 p.m. on the 5th day of June,
1980. Bids shall be opened and read
by the City Clerk at said time and
will be submitted to the Council for
final action at 7:30 p.m. on the 16th
day of June, 1986.
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolutian. Second-
ed by Council Member Kluesner.
Carried by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--Mayor Brady, Council
Member Kronfeldt.
Communication of City Manager
recommending to dispose of a piece
of property to Zephyr Aluminum
Products, Inc. and requesting a
Public Hearing to be held on the
disposal, presented and read.
Council Member Klueaner moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Simon. Carried by ~he
following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning.
Nays--Council Member Simon.
RESOLUTION NO. 102-86
RESOLUTION OF INTENTION
TO DISPOSE OF CITY IN-
TEREST IN PROPERTY IN "MT.
CARMEL SUBDIVISION" LOT 2
Regular Session, Maylg, 1986
IN THE CITY OF DUBUQUE,
IOWA.
WHEREAS, Zephyr Aluminum
Products, Inc. is located at 565
Huff Street, Dubuque, Iowa; and
WHEREAS, Zephyr Aluminum
Products, Inc. will be impacted by
the Relocated 61 project in the ac-
qulsition of a certain section of their
property planned for expansion;
and
WHEREAS, land is available to
the south of their existing facilities
land currently owned by the City of
Dubuque and incorporated as part
of Maus Park; and
WHEREAS, Zephyr Aluminum
Products, Inc. is interested in
quirlng a section of this property
for future expansion purposes; and
WHEREAS, this property is in-
dentified as lot 2 in "Mt. Carmel
Subdivision" in the City of Dubu-
que, Iowa.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council
of the City of Dubuque, Iowa:
Section 1. That the City of Dubu-
que intends to dispose o fits interest
in lot 2 of "Mt. Carmel Subdivi-
sion" in Dubuque, Iowa by sale to
Zephyr Aluminum Products, Inc.
Section 2. That all existing
recorded easements shall remain in
effect.
Section 3. That the City of Dubu-
que covenants and agrees to have
an appropriate abstract of title to
said property prepared from U.S.
Government Entry to date of cer-
tification and that such abstract of
title shall show good and merchan-
table title to said property vested in
the City of Dubuque, Iowa.
Section 4. That the City of Dubu-
que, lowa proposes to dispose o fits
interest, with the reservations iden-
tiffed herein, for the consideration
and payment by purchaser of
$63,692.00 plus all costs associated
with publication and recording.
Section 5. That the City Clerk be
and is hereby authorized and
directed to cause a notice to be
published as prescribed under 364. 7
- Disposal of Property - Code of
Iowa, 1985 or as amended.
Passed, approved and adopted
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution and
· Public Hearing be set for June 2,
1986 at 7:30 p.m. in Public Library
Auditorium. Seconded by Council
Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kranfaldt, Manning.
Nays--Council Member Simon.
Communication of City Manager
submitting information regar~ng
:ost of installing flashing warmng
lights at the intersection of the Nor-
thwest Arterial and Pennsylvania
Ave. and also an update of ac-
cidents for the month of April,
1986, presented and read. Council
Member Kluesner moved that the
communication be received and fil-
ed and accepted the recommenda-
tion to install flashing warning
lights on Pennsylvania Ave. & NW
Arterial Intersection, with further
amendment to install rumble strips
on Pennsylvania Ave. at the ap-
propriate places. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Mayor Brady further moved that
they add a 35 mph speed limit on
portion of NW Arterial at Pann-
sylvania intersection. Seconded by
Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kronfeldt, Simon.
Nays--Council Members Mann-
ing, Klueaner, Krieg.
Petition of Terry Beresford advis-
ing that he and other concerned
citizens may wish to address the
Council on the data gathered regar-
ding the NW Arterial intersection,
presented and read. Council
Mcmber Khiesner moved that the
petition be received and filed.
Seconded by Council Member Man-
ning. Carried by the following vote:
176
177
Regular Session
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Donald Moody re-
questing to address the Council
with regard to the current Or-
dinance regulating the construction
of Billboards and outdoor signs in
the City with specific reference to
recent construction of billboard on
Kennedy Road, presented and read.
Mr. Moody spoke to the Council
and submitted petitions containing
260 signatures requesting 1)
decinratinn of moratorium on
billboards; 2) remove 3 billboard~
located north from Penn. Ave. to
32nd St.; 3) rework Ordinance, re:
allowable size & setback. Council
Member Krnnfeldt moved that the
petition(s) be received and filed
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Comments of Barney Bishop
regarding construction of
billboards, specifically at 1755 John
F. Kennedy Road, presented and
read. Mr. Bishop, of 1845 Carter
Road, spoke to the petition. Coun-
cil Member Kranfeldt moved that
the communication etc. be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of 260 signers objecting
to the current Zoning Ordinance
regulating Outdoor Signs and
Billboards, presented and read.
Council Member Kronfeldt moved
that the petition be received and fil-
ed. Seconded by Council Member
Khiesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-Nnne.
Council Member Kronfeldt fur-
ther moved to declare moratorium
May 19, 1986
on construction and issuance of per-
mits under the existing sign or-
dinance. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting Ordinance to regulate
the placement of Free Standing
Waste Collection Receptacles on
public streets and in alleys,
presented and read. Council
Member Kinesner moved that the
communication be received and fil-
ed. Seconded by Council Member
Simon. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--Council Member Deich.
An ORDINANCE Amending the
Code of Ordinances be enacting Ar-
ticle VI of Chapter 33 comprised of
Sections 33-100 and 33-105 through
33-114 thereof providing for the
regulation of Waste Collection
Receptacles in Public Places,
presented and read. Council
Member Klueaner moved that this
be considered the first reading of
the Ordinance. Seconded by Coun-
cil Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Kring,
Kronfeldt, Manning, Simon.
Nays--Council Member Deich.
Council Member Klueaner moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two Coun-
cil Meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Simon. Carried by the
following vote:
Yeas-Mayor Brady, Council
Members Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member
Simon. Carried by the following
vote:
178
Regular Session, May 19, 1986
Yeas--Mayor Brady, Council
Members Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-Council Member Deich.
Council Member Deich moved to
amend the Ordinance to read: $25
for annual permit and $10 for a
renewal permit. Seconded by
Mayor Brady. Vote on the amend-
ment was as follows:
Yeas--Council Member Deich.
Nays--Mayar Brady, Council
Members Ktuesner, Krieg,
Kronfeldt, Manning, Simon.
AMENDMENT FAILED.
Communication of Planning and
Zoning Commission advising of
their approval to rezone property at
1703-1751 Elm Street from R-2A
Alternate Two Family Residential
District and C-2 Neighborhood
Shopping Center District to PC
Planned Commercial District and
approval of Conceptual Develop-
ment Plan, was presented and read.
Council Member Krieg moved that
the communication be received and
filed. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Council Members
Kinesner, Krieg, Kronfeldt, Mann-
lng, Simon.
Nays--Mayor Brady, Council
Member Deich.
An ORDINANCE Revising Ap-
pendix A of the Code of Ordinances
by reclassifying property at 1703 to
and including 1791 Elm St. from
R2A Alternate Two-Family
Residential District and C-2
Neighborhood Shopping Center
District to PC Planned Commercial
District, presented and read. Coun-
cil Member Krieg moved that this
be considered the first reading of
the Ordinance and that a Public
Hearing be held on the proposed
Ordinance on the 16th day of June,
1986 at 7:30 o'clock p.m. in the
Public Library Auditorium and
that the City Clerk be directed to
publish notice in the manner
prescribed by law. Seconded by
Council Member Manning. Carried
by the following vote:
Yeas--Council Members
Kluesner, Krieg, Kronfeldt, Mann-
lng, Simon.
Nays--Mayor Brady, Council
Member Deich.
Communication of City Manger
requesting approval authorizing
ECIA Business Growth, Inc. to
loan $51,000 from the City's por-
tion of the EDA Revolving Loan
Fund to AbaSys, Inc., presented
and read. Debbie Massey of
AbsSys, Inc. spoke to the request.
Council Member Kluesner moved
that the communication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner,
Manning.
Nays--Council Member Simon.
Abstain--Council Members
Krieg, Kronfeldt.
RESOLUTION NO. 103-86
A RESOLUTION AUTHORIZ-
ING ECIA BUSINESS GROWTH,
INC. TO LOAN $51,009 FROM
THE CITY OF DUBUQUE'S POR-
TION OF THE EDA REVOLVING
~OAN FUND TO ABASYS, INC.
WHEREAS, the City of Dubu-
que has funded a part of the local
match of an EDA Revolving Loan
Fund (RLF) which is administered
by ECIA Business Growth, Inc.;
and
WHEREAS, AbaSys, Inc. has
requested a loan of $51,000 from
the RLF for working capital; and
WHEREAS, ECIA Business
Growth, Inc. has requested that the
City of Dubuque authorize it to loan
AbaSys, Inc. funds from the City
of Dubuque's portion of the RLF;
and
WHEREAS, the City Manager
and Staff have reviewed the
AbaSys, Inc. project and have
recommended that the City support
said project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That ECIA Business
Growth, Inc. is hereby authorized
to loan to AbaSys, Inc. $51,~00 from
the City of Dubuque's portion of the
EDA Revolving Loan Fund.
Section 2. That the City Clerk is
hereby directed to notify ECIA
179
Regular Session, May 19, 1986
Business Growth, Inc. of said
authorization by transmitting a ce~
tiffed copy of this Resolution.
Passed, approved and adopted
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner,
Manning.
Nays--Council Member Simon.
Abstain--Council Members
Krieg, Kronfeldt.
Communication of City Manager
requesting to repeal Resalutions
No.310-79 and No.311-79 and Or-
dinance No.71-79 regarding the
vacating of Kennedy Circle,
presented and read. Council
Membe~ Klueener moved that the
communication be received and fil-
ed. Seconded by Council Member
Manning. Carried by the foilowing
vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 104-86
RESOLUTION REPEALING
RESOLUTION NO. 310-79 AP-
PROVING THE PLAT OF
VACATED KENNEDY CIRCLE,
AND RESOLUTION NO. 311-79
APPROVING THE CON-
VEYANCE OF VACATED KEN-
NEDY CIRCLE TO RICHARD V.
HANSEL, ELEANOR J.
RAFOTH, WOODROW H. WERN-
STERN (HRW ASSOCIATES),
WHEREAS, on November 20,
1979 the City Council of the City of
Dubuque, Iowa adopted Resolution
No. 310-79, approving the plat of
vacated Kennedy Circle; and
WHEREAS, on December 3,
1979 the City Council of the City of
Dubuque, Iowa adopted Ordinance
No. 71-79 vacating Kennedy Circle;
and
WHEREAS, on December 3,
1979 the City Council of the City of
Dubuque, Iowa adopted Resolution
No. 311-79 approving the con-
veyance of vacated Kennedy Circle
to HRW Associates; and
WHEREAS, the purchase price
was never paid and said vacated
Kennedy Circle was never conveyed
to HR~vV Associates, and is no
longer desired.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council
of the City of Dubuque, Iowa:
Section 1. That Resolution No.
310-79 and No. 311-79 be repealed.
Section 2. That the City Clerk be
and is hereby authorized and
directed to record a certified copy
of this resolution in the office of tho
Dubuque County Recorder, the
Dubuque County Treasurer and the
City Assessor.
Passed, approved and adopted
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Second-
ed by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 38-86
AN ORDINANCE REPEALING
ORDINANCE NO. 71-79
VACATING A PORTION OF
KENNEDY CIRCLE, presented
and read. Council Member K~uesner
moved that this be considered the
first reading of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved
that the requirement that a propos-
ed Ordinance be considered and
voted on for passage at two coun-
cfi meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Regular Session
Member Manning. Carried by the
fo]lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 38-86
AN ORDINANCE REPEALING
ORDINANCE NO. 71-79 VACATING
A pORTION OF
KENNEDY CIRCLE
WHEREAS, on November 20, 1979
the City Council of the City of
Dubuque, Iowa adopted Resolution
No. 310-79, approving the plat of
vacated Kennedy Circle; and
WHEREAS, on December 3, 1979
the City Council of thc City of
Dubuque, Iowa adopted Ordinance No.
71-79 vacating Kennedy Circle; and
WHEREAS, on December 3, 1979
the City Council of the City of
Dubuque, Iowa adopted Resolution
No. 311-79 approving the conveyance
of vacated Kennedy Circle to HRW
Associates; and
WHEREAS, the purchase price was
never paid and said vacated Kennedy
Circle was never conveyed to HRW
Associates, and is no longer desired.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That Ordinance No. 71-79
vacating a portion of Kennedy Cir-
cie now known as Lot 10 of Block 21-
A in Key Knolls Subdivision and
providing for the conveyance thereof
to Richard V. Hansel/Eleanor J.
Rafoth/Woodrow Ii. Wernstern
(IIRW Associates) be repealed.
PASSED, APPROVED AND
ADOPTED this 19th day of May,
1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk ' · h
Published officially in the q elegrap
Herald newspaper this 29th day of
May, 1986.
M~u'y A. Dav~s
City Clerk
It 5/29
Council Member Klueaner moved
final adoption of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
May ~19, 1986
Nays--None.
Communication of City Manager
submitting Ordinance prohibiting
parking on the south side of East
19th St., from Elm St. to Pine St.,
presented and read. Council
Member Kronfeldt moved that the
communication be received and ill-
ed. Seconded by Council Member
Manning. Carried by the followin~
vote:
Yeas--Mayor Brady, Council
Member Deich, KluesneX,
Kranfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 39-86
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
BY ADDING EAST 19th STRl~ET
TO SUBSECTION (d) OF SEC-
TION 25-257 THEREOF PRO-
VIDING FOR THE PRO-
~IIBITING OF PARKING ON THE
SOUTH SIDE OF EAST 19th
STREET FROM ELM STREET
TO PINE s~P~ET, presented and
read. Coundil Member Kronfeldt
moved that this be considered the
first reading of the Ordinance.
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Co~uncil
Members Deich, Khieaner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Council Member Kronfeldt mov-
ed that the requirement that a pro-
posed Ordinance be considered and
voted on for passage at two Coun-
cil meetings prior to the meeting at
,hich it is to be llnally adbpted be
suspended. Seconded by Council
Member Manning. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 39-86
ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING EAST NINETEENTH
STREET TO SUBSECTION (d) OF
SECTION 25-257 THEREOF PRO-
VIDING FOR THE PROHIBITING
OF PARKING ON THE SOUTH
SIDE OF EAST NINETEENTII
STREET FROM ELM STREET TO
181
180
Regular Session, May 19, 1986
PINE STREET.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordin-
nances, of the City of Dubuque, Iowa
be amended by adding East Nine-
teenth Street to Subsection (d) of Sec-
tion 25-257 thereof as follows:
"See. 25-257. Prohibited or Desig-
nated Streets or Portions Thereof.
(d) No-parking-at-any-tllne zones
designated
Nineteenth SU'eet, East, south side,
from Elm Street to Pine Street."
PASSED, APPROVED AND
ADOPTED this 19th day of May,
1986.
James E. Brady
Mayor
ATTEST:
Mm'y A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
May, 1986.
Maw A, Davis
City Clerk
lt5/29
Council Member Kronfeldt mov-
ed final adoption of the Ordinance
Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting Ordinance recording
Riverview Park in the City Code,
presented and read. Council
Member Kronfeldt moved that the
communication be received and fil-
ed. Seconded by Council Member
Simon. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 40-86
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
BY ENACTING A NEW SECTION
27-114 THEREOF PROVIDING
FOR THE DESIGNATION OF
RIVERVIEW PARK, presented
and read. Council Member
Kronfeldt moved that this be con-
sidered the first reading of the Or-
dinance. Seconded by Council
Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Council Member Kronfaldt mov-
ed that the requirement that a pro-
posed Ordinance be considered and
voted on for passage at two coun-
cil meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Simon. Carried by the
following vote:
Yeas-Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 40-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECTION 27-
114 THEREOF PROVIDING FOR
THE DESIGNATION OF RIVER-
VIEW PARK
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by enacting a new Sec-
tion 27-114 thereof as follows:
"Sec. 27-114. Riverview Park.
The fo]lowing described parcel of real-
estate is and shall be known, called
and named as "Riverview Park" and
)laced under the jurisdiction of the
Park and Recreation Comnfission.
That part of Chaplain Schmitt
Memorial Island located northerly of
the Dubuque greyhound racing facil-
ity and easterly of tile wetlands area
extending easterly an average of
approximately four hundred feet
more or less to the Mississippi River.
Passed, approved and adopted this
19th day of May, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
May, 1986.
Mary A. Davis
City Clerk
it 5/29
Regular Session May 19, 1986
Council Member Kronfeldt mov-
ed final adoption of the Ordinance.
Seconded by Council Member
Simon. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Communication of President of
Dubuque In-Future, Inc. re-
questing Council to approve the
membership of Wm. Schrup, V.
Pres., Commercial Lending Dept. of
American Trust and Savings Bank
to their corporation, presented and
read. Council Member Kluesner
moved that the communication be
received and filed and approved Mr.
Schrup's membership to Dubuque-
In-Future, Inc. Seconded by Coun-
cil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesnar, Krieg,
Kronfeldt, Manning, Simon.
Nays-None.
Communicatian of City Manager
submitting Ordinance to delete Sec-
tion 2-71 from the City Code,
presented and read. Council
Member Simon moved that the
communication be received and fil-
ed. Seconded by Council Member
Krieg. Carried by the following
vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 41-86
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
BY REPEALING SECTION 2-71
THEREOF ELIMINATING THE
REQUIREMENT OF ANNUAL
REPORTS BY THE OFFICERS
OF THE CITY, presented and read.
Council Member Simon moved that
this be considered the first reading
of the Ordinance. Seconded by
Council Member Krieg. Carried by
the following vote:
Yeas-Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-None.
Council Member Simon moved
that the requirement that a pro-
posed Ordinance be considered and
voted on for passage at two coun-
cil meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
dember Krieg. Carried by the
following vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-None.
ORDINANCE NO. 41-86
AN ORDINANCE AMENDING q'ItE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 2-71
THEREOF ELIMINATING THE
REQUIREMENT OF ANNIJAL
REPORTS BY OFFICERS OF THE
CITY
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
lmnces of the City of Dubuque, Iowa,
be amended by repealing Section 2-71
tllercof.
Pa~sed, approved and adopted this
19th day of May, 1986.
James E. Brady, Mayor
Mm'y A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
May, 1986.
Maw A. Davis
City Clerk
It 5/29
Council Member Simon moved
final adoption of the Ordinance.
Seconded by Council Member
Krieg. Carried by the following
vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-None.
BOARDS AND COMMISSIONS:
AIRPORT ZONING COMMIS-
SION - Council Member Kluesner
moved that Wm. Freiburger and
Harold Styer be appointed to two
unexpired terms which will expire
May 14, 1989. Seconded by Coun-
cil Member Kronfeldt. Carried by
the following vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
182 183
Regular Session, May 19, 1986
Nays-None.
ELECTRICAL EXAMINING
BOARD Council Member
Kluesner moved that Wm. Grothe
be appointed to an unexpired term
which will expire 7-12-86. Seconded
by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas-Mayor Brady, Council
Member Deich, Klueaner, Krieg,
Kronfeldt, Simon.
Nays-None.
MECHANICAL CODE BOARD -
Council Member Kluesner moved
that Charles Berwanger be ap-
pointed to fill an' unexpired term
which will expire 3-16-88. Seconded
by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
PLANNING AND ZONING
COMMISSION - 2 Terms to Expire
5-24-89; Applications received:
Darlene Bellow, David Hartig, Dick
Hartig. First vote on the appoint-
merit was: Mayor Brady voted for
Dave Hartig and Bellows; Council
Member Deicb voted for Dick Har-
ti# & Bellows; Council Member
Kluesner voted for Dick Hartig on-
ly; Council Member Krieg voted for
Dave Hartig only; Council Member
Kronfeldt voted for Dick Hartig on-
ly; Council Member Manning voted
for Dick Hartig only; Council
Member Simon voted for Dave Hat-
tig and Bellows. Therefore, Dick
Hartig appointed to a term to ex-
pire 5-24-89.
The second vote on the appoint-
ment was: Mayor Brady voted for
Dave Hartig; Council Member
Deich voted for Bellows; Council
Member Kluesner, abstoJned; Coun-
cil Member Krieg voted for Dave
Hartig; Council Member Kranfeldt
abstained; Council Member Mann-
ing voted for Dave Hartig; Council
Member Simon voted for Dave Har-
tig. Therefore, Dave Hartig ap-
pointed to a term to expire 5-24-89.
CIVIL SERVICE COMMIS-
SION - Mayor Brady deferred ap-
paintment to this Commission un-
til the length of term is clarified.
POLICE/FIRE RETIREMENT
PENSION BOARD - Applications:
Wm. Hummel, Ralph Hartlep, Jr.,
Larry Herrig, Ed W. Ryan. Mayor
Brady appointed Larry Herrig to
these Boards for terms which will
expire 3-31-90.
RESOLUTION NO. 105-86
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of law
relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Cigaret-
tea and Cigarette Papers within
said City.
Donna Ginter 342 Main St.
Silver Dollar
Clair Woodman 1046 Central
Central Tap
Angel Investment Co. 2699 Rockdale
Casey's General Store
The Lincoln Co. 4003 Peru Road
Casey's General Store
Beecher Co., Inc. #1 2399 White St.
Beecher Co., Inc. #2 1991 Asbury Rd.
C.K. of Dubuque, Inc. 3187 University Ave.
Country Kitchen
Canfield Hotel, Inc. 36 West 4th St.
Chung Tim Gee 378 Main St.
Monte Carlo
Cue Master Ltd. 841 Central Ave.
Cuemaaler
Lloyd Dalsing 3750 Central Ave.
Chateau
Dennis J. Meyer, Inc. Bunker Hill Road
Sunker Hill Golf Course
Gratton-Wheaton Enterprises, Inc.
K&K Foods 2013 Central Ave.
Hartig Drug Company #4 700 Town Clock Plaza
nartig Drug Company #2 97 Locust St.
Kartig Drug Company #3 2255 J. F. Kennedy
Hartig Drug Company #4 2225 Central Ave.
Jerry L. dames 1899 Rockdale Rd.
Neighbor's Tap
Liberty Restaurant, Inc. 401 Central Ave.
SEkas
Lucky Stores, lnc, 200 S. Locust~St.
Eagle Food Center #109
Lucky Stores, Inc. 1800 Elm SI.
Eagle Food Center #130
Lucky Stores, Inc. 2050 J. F. Kennedy
Eagle Food Center #320
Robert A. & Jane L. Mehr] 2311 Windsor Ave.
Milk House
Mole Oil Co, 9th and Central
Big "10" Mart
Mole Oil Co. 1875 J. F. Kennedy
Union "76" Car Wash
John W. Noonan 1919 Central Ave.
Eugene A. Otting 1689 Elm St.
The Dip
Miracle Car Wash, Inc. 259 Locust St.
Lee W. Potter, Sr. 408 West Locust
West Locust Mart
Randall Foods #1359 3500 Dodge St.
Riverside Sowl, Inc. 1890 Hawthorne
William C. Tam & Steven Tong 2600 Dodge St.
Rusty's Chinese Restaurant
184
Regular Session May 19, 1986
Sunshine Mart of Dubuque, Ltd. 430 Rhomberg
Sunshine Mart
Mark and Gary Tegeler 620 S. Grandview
Grandview Milk House
Allen C. Tressel 2528 Central Ave.
Fenalon's Market
Passed, adopted and approved
this 19th day of May, 1986
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved
adoption of the Resolution. Second-
ed by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 106-86
WHEREAS, Applications for
Beer Permits have been submitted
and filed to this Council for ap-
proval and the same have been ex-
amined and approved; and
WHEREAS, The premises to be
occupied by such applicants were
inspected and found to comply with
the Ordinances of this City and
have filed proper bond;
NOW THEREFORE BE IT
RESOLVED 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
Kevin McGifEu's Kitchen, Inc. 3500 Dodge
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Beeeher Co., lac. #1 2399 White
(Also Sunday Sales)
Gratton & Wheaten Enterprises, 2013 Central
K&K Foods (Also Sunday Sales)
CLASS "E" BEER PERMIT
Beecher Co., lne. #3 1691 Asbury
(Also Sunday Sales)
Walgreen Drug Co. 555 J. F. Kennedy
Walgreens (Also Sunday Sales)
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved
adoption of the Resolution. Second-
ed by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--Nane.
RESOLUTION NO. 107-86
WHEREAS, Applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be
~ccupied by such applicants were
nspected and found to comply with
the State Law and all City Or-
linances relevant thereto and they
have filed proper bonds;
NOW THEREFORE BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicant(s) a Liquor License.
CLASS "A" (CLUB)
BEER AND LIQUOR LICENSE
Dubuque Golf and Country Club 1600 Randall PI.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Beverly A, Larsen 3050 Asbury Rd.
Denny's Lux Club (Also Sunday Sales)
Timothy M, Herber 1100 Lincoln
1900 Tap
Donna Ginter 342 Main St.
iilver Dollar (Also Sunday Sales)
Passed, adopted and approved
this 19th day of May, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved
adoption of the Resolution. Second-
ed by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Air-
port Comm. of 4-23, Dubuque In-
Futuro, Inc. Board of Directors of
4-17 & 5-13, Historic Preservation
Comm. of 5-6, Housing Code Ap-
leals Board of 5-7, Park and
Recreation Comm. of 4-8, Transit
Board of 5-8, Planning and Zoning
Comm. of 5-7, Human Rights
185
Regular Session, May 19, 1986
Comm. of 5-12, presented and read.
Council Member Manning moved
that the minutes be received and fil~
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Philip Bisenins in the
amount of $150 for temporary and
permanent injuries, medical costs,
temporary and permanent disabili-
ty, etc.; Jason Bries, by his mother,
in unknown amount for personal in-
jury and loss of personal property;
Charles and Leanne Cox in the
amount of $2,950 plus interest and
costs of the action for backed up
sewer damages; M~udne R. Heitz,
by Attorney Carolyn Hinz, in
unknown amount for personal in-
juries; Marina Hess in amount of
$151.70 for car damages; Judy A.
and Stephen P. Zielke vs. City of
Dubuque and Hartford Insurance
Co. in the amount of $100,000 for
personal injuries; Joseph J. Bitter
making claim against City in the
sum of $1,000,000 for actual and
punitive damages, presented and
read. Council Member Manning
moved that the claims and suits be
referred to the Legal Staff for in-
vestigation and report. Seconded
by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Merchants Bonding Co. submit-
ting their Certificate of Authority
and Certification for the year 1986,
authorizing them to do business in
the State of Iowa, presented and
read. Council Member Manning
moved that the certificate etc. be
received and filed. Seconded by
Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays-None.
Proof of publication, certified to
by the Publisher, on List of Claims
for month of March, 1986,
presented and read. Council
Member Manning moved that the
proof of publication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting Financial Reports for
the month of April, 1986, presented
and read. Council Member Manning
moved that the communication be
received and filed. Seconded by
Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
submitting into the City records, a
Certificate of Insurance covering
general liability of the Dubuque
Racing Association, presented and
read. Council Member Manning
moved that the communication be
received and filed. Seconded by
Council Member Kranfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of 12 residents on
Roosevelt Road requesting sewer
services on Roosevelt Road and
agreeing to the assessments for the
sewer service should be based on
the amount o£ frontage, presented
and read. Council Member Manning
moved that the petition be referred
to the City Manager. Seconded by
Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Barry Tegeler re-
questing north side of West 23rd
Street from Central Avenue west
for 190 feet be designated as a No
Parking area, presented and read.
Council Member Deich moved that
the petition be approved and refer-
red to the City Manager to prepare
186
Regular Session, May 19, 1986
the Ordinance. Seconded by Coun- Receptacles as he has objections to
cil Member Simon. Carried by the the insurance required.
following vote: Council Member Kronfeldt mov-
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
requesting approval of a Purchase
of Service Agreement for Helping
Services for Northeast Iowa, Inc.
for the fiscal year beginning July 1,
1986, presented and read. Council
Member Manning moved that the
communication be received and fil-
ed and approved Agreement.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
requesting approval of a Purchase
of Services Agreement with
Substance Abuse Service Center for
the fiscal year beginning July, 1986,
presented and read. Council
Member Manning moved that the
communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
10:10 p.m. Council Member
Kluesnar moved to go into Closed
Session, hi accordance with Chapter
21.5 1(c) 1985 Code of Iowa to
discuss strategy with Counsel in
matters that are presently in litiga-
tion. Seconded by Council Member
Simon. Vote on the motion was as
follows:
Yeas--None.
Nays--Mayor Brady, Council
Membes Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
MOTION FAILED...Consensus of
Council was to provide for Public
Input at this time.
Attorney Mike King, on behalf of
BFI Waste Receptacles, stated that
he hoped the Council would recon-
sider the Ordinance re: Waste
ed that they reconsider the action
taken regarding the Ordinance pro-
viding for the regulations of Waste
Collection Receptacles in public
places. Seconded by Council
Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Manning.
Nays--Council Members
Kluesner, Simon.
MOTION NULLIFIED OR-
DINANCE PASSED EARLIER
IN THIS MEETING.
Sandra Kirkbride, 409 S. Grand-
view, spoke concerning possible use
of intimidation by the Council to in-
yoke control and censorship over
the use of one kind of media: out-
door billboards.
10:25 P.M. - Council Member
Kluesner moved to go into Closed
Session, hi accordance with Chapter
21.5 I (c) 1985 Code of Iowa to
discuss strategy with Counsel in
matters that are presently in litiga-
tion. Seconded by Council Member
Simon. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Manning, Simon.
Nays--None.
Absent--Council Member
Kranfeldt.
Mayor Brady announced that
direction had been given on pending
litigation.
There being no further business,
Council Member Deich moved to
adjourn. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 11:09 P.M.
Mary A. Davis
City Clerk
Accepted_ 1986
Adopted __ 1986
187