1994 September Council ProceedingsRenular Seccinn. Sentemher fi. 1994 -7fi
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Meaing, ILedey, September 6,
1994
Council met et 7:30 p m., Public Library
Auditorium
Present Mayor Duggan, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg, Ciry Manager Michael C Ven Mill~een,
Coryorenon Counsel Berry A LindehL
Mayor Du_ge en reed the cell end stated this is
the RGguler Session of the Ciry Council celled for
the puryose to act upon such business which may
properly come before the Council.
Invocation was given by Robett Gooch,
Disaster Services Director-
PROCLAMATIONS - Sept_ 5-10 es "Union
Label Week'; Sept_ 17th es "End of the Summer
Sash '94 Day" received by Andrea Schickles end
Rebecca Greve.
Mayor Du_ge en swore in Council Member
Loren Kluesner es Mayor Pro-Iem
Counnl Member Nagle moved that the rules be
suspended to allow erryone presort to address the
Council Seconded by Council Member Robbins_
Carried by the following vote- Yees-Mayor
Duggan, Council Manaer_ Kluesner, Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nay, None.
Proof of Publication cettified to by the
Publisher on Nonce of Hearing on plans end
specificenons for Operations end Meintenence
Depettment Geroge Roof Rehebilitetion Project,
presented end reetL Council Member Voaberg
moved that the proof be received end filed.
Seconded by Council Member NchoL-oa Carried
by the following vote- Yees-Mayor Duggan,
Council Manaer_ Kluesner, Krieg, Nagle,
NchoL-on, Robbirr_, Voaberg
RHSOLUTION N0.290-94
RHSOLUTION ADOPTING PLANS
SPHCIFICATIONS
Whereas, on the 27th day of Iuly, 1994, plans,
spenficenorr_, forrn of contract end enmeted cmt
were Fled with the Ciry Clerk of Dubuque, Iowa
for the Operations end Meintenence Depettment
Geroge Roof Rehebilitetion Project.
Whereas, nonce of hearing on plem,
spenficenom, forrn of contract, end enmeted cmt
was published es required by lew_
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Ihet the said plerr_, speHficenom, forrn of
contract end esnmeted cost ere hereby approved es
the plerr_, speHficenom, forrn of contract end
esnmeted cost for said improvements for eeid
project.
Passed, adopted end approved this 6th day of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolunoa Seconded by Council Member
NchoL-oa Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manaer_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg Ney,-None
Proof of Publication cettified to by the
Publisher on Nonce to Bidder- on Receipt of Sids
for project end communication of Ciry Meneger
recommending to award contract for project,
presented end reetL Council Member Voaberg
moved that the proof end communication be
received end filed. Seconded by Council Member
NchoL-oa Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg I _ ae
RHSOLUTION N0.291-94
AWARDING CONTRACT
Whereas, sealed proposeL- have heal submitted
by contrecton for the Operations end Meintenence
Depettment Geroge Roof Rehebilitetion Project
pursuant to Resolution No_ 270-94 end nonce to
bidder- published in a newspaper published in the
Ciry of Dubuque, Iowa on the 5th day of August,
1994.
Whereas, said sealed proposeL- were opened
end reed on the 25th day of August, 1994 end is
has heal daerrnined that the bid of Stanley
Roofing Comperry of Vinton, Iowa in the amount
of $81,13? 00 was the lowest bid for the
furnishings of ell labor end meterieL- end
paforrning the work es provided for in the plans
end specificenons_
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be
awarded to Stanley Roofing Comperry end the
Manager be end is hereby directed to execute e
contract on behalf of the Ciry of Dubuque for the
complae paforrnence of the work.
SE R FURTHER RESOLVED:
Ihet upon the si_ming of said contract end the
approval of the contractor's bond, the Ciry
IYeesurer is authorized end instructed to raum the
bid deposits of the unsuccessful bidder~~
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolunoa Seconded by Council Member
NchoL-oa Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manaer_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg I- -- ~e
Proof of Publication cettified to by the
Publisher on Nonce of Public Hearing to consider
adopting en emended Conceptual Development
777 Renular Seccinn. Sentemher fi. 1994
Plan for Table Mound Mobile Home Perk PR
Distract, presented end reetL Council Manlier
Kluesnw moved that the proof of publication lie
received end filed. Seconded by Council Manlier
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Member-
Kluenw, Krieg, Nagle, NchoL-on, Robblrr_,
Vowbwg. -- - -- tie.
An Ordinance Amending Zoning Ordinance by
adopting en Amended Conceptual Development
Plan for property located West of Rockdale Roed
for the Table Mound Mobile Home Perk PR
Planned Residential Distract, said Ordinance
having heal presented end reed et the Council
Mewing of 8-15-94, now presented for final action.
There were no objections received end no Orel
objector presort et the time of the Heerang
(OFFICIAL PUBLICATION)
ORDINANCH NO. 44-94
AN ORDINANCH AMHNDING APPHNDDC
A (THH ZONING ORDINANCH) OF THH
CITY OF DUSUQUH CODH OF
ORDINANCHS SY ADOPTING AN
AMHND HD CONC HPTUAL
DHVHLOPMHNT PLAN FOR PROPHRTY
LOCATHD WHST OF ROCKDALH ROAD
FOR THH TASLH MOUND MOSILH
HOMH PARK PR PLANNHD RHSIDHNTIAL
DISTRICT IN THH CITY OF DUSUQUH,
IOWA.
Whereas, Table Mound Mobile Home Perk has
filed en epplicetion for approval of en emended
conceptual development plan for hereinafter
described propery in accordance with provisions
of the PUD Planned Unit Development regulations
es set fotth in Section 3-5 5 of the Code of
Ordinances, Appendic A thereof, of the Ciry of
Dubuque, Iowa; end
Whereas, the Zoning Commission end Ciry
Council have held a public hearing on said
epplicetion for en emended conceptual
development plan punuent to required published
notice; end
Whereas, the Zoning Commission end Ciry
Council have approved said emended conceptual
development plan subject to specific conditions
end restractions having found that said plan
conforrns with the review wenderds applicable to
such plans es sw fotth in Section 3-5 5 of the Code
of Ordinances, Appendic A thereof, of the Ciry of
Dubuque, Iowa.
NOW, THEREFORE, SE R ORDAINED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That Appendic A (the Zoning
Ordinance) of the Ciry of Dubuque Code of
Ordinances is hereby emended by adopting end
approving the emended conceptual development
plan, to wit:
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Annie Weller Subdivision No_
2, end to the caner line of the adjoining public
right-of-way, ell in the Ciry of Dubuque, Iowa.
Section 2 Ihet in order to accomplish the
purpme of the PR Planned Reidentiel Distract,
end the Zoning Ordinance of the Ciry of Dubuque,
Iowa, the use end improvement of the hweinebove
described PUD Planned Unit Development with e
PR Planned Residential desi_metion shell be
subject to the emended conceptual development
plan with the following conditions end restractions
A U=e Reeuletiorr
The following regulations shell apply to
ell uses made of lend in the above
described PR Planned Residential Distract
1) The principal permitted use shell be
limited to mobile home
perWsubdivision with a two-unit
residential structure above the
ecisting storm shelter-
2) Accessory uses shell be limited to
any use customarily incidental end
subordinate to the principal use it
serves-
S_ Sulk Regulations
The bulk regulations in this pemculer PR
Planned Residential Detract shell be es
follow>
Lot Area 5,000 sq. fr.
Lot Frontage 50 fr.
Lot Covwage es %Lot Area 40%
Swbecks:
Front 10 fr.
Side 6 fr.
Rear (accept a 15 foot rear yard swbeck
for the mobile home lots south of Bankston Drive)
8 fr.
Building He(ght 20 fr.
Accessory dweched geragas or ceryott
shell be a minimum of 20 few from the
front property line what accessing the
strew.
C Perkine Reouirements
The following regulations shell apply to
ell perking areas in the above described
PR Planned Residential Distract
1) The off-strew perking requirements
for the principal permitted use shell
be two (2) specesldwelhng unit
2) the duplec above the storrn shelter
shell provide 4 off-strew perking
spaces in front of the building with e
mecimum width of 12 fea for the
driveway.
D. Sims
The s(gn regulations in this particular PR
Planned Residential Distract shell be the
same es that which is allowed in the R-4
Multi-Family Residential Distract es
established in Section 4311 Schedule of
Si_m Regulations of the Zoning Ordinance
of the Ciry of Dubuque, Iowa.
E Site Develonment stenderds
The site development stenderds for this
PR Planned Residential Distract shell be
es follows;
1) All outside rubbish, worage end
garbage collection areas shell be
perrnenently screened from view to e
height of et lees[ sic (6) fea, es sw
forth in Section 4-4.6(3) of the
Zoning Ordinance of the Ciry of
Dubuque, Iowa.
2) All utiliry transmission systems shell
be placed under ground.
3) Adequate illumination shell be
provided to strews, sidewellc, end
ell areas for vehicular end pedestrian
circulation, end shell be directed so
es not to intafwe with the use end
enjoyment of adjacent propwties_
Renular Seccinn. Sentemher fi. 1994 -7R
4) the opal space tlesi_metetl for perk
puryoses shell mntein playground
end other recreetionel equipment for
use by the residents end shell remain
serviceable
F_ Perforrnence Standards
the development end maintenance of uses
in this PR Plennetl Resitlennel Distract
shell be esteblehetl in mnforrnence with
the standards of Section 3-5 5 of the
Zoning Ordinance of the Ciry of
Dubuque, Iowa.
G_ IYensfer of Owner_hin
Transfer of ownership or lease of propetty
in this PR Plennetl Resitlennel Distract
shell include in the transfer or lease
egeement a provision that the purchaser
or lessee ecknowletlges awareness of the
mntlinons authorizing the esteblehment
of this ~~tract~
K Strea=
the streas in this perriculer PR Plennetl
Resitlennel Detract shell be meinteinetl es
paved, private streas, in ecmrdence with
the Ciry of Dubuque specificenons by the
propetty owns entUor essocienoa If not
so meinteinetl, the Ciry of Dubuque may
tlo so et the ecpense of the propetty owns
entUor essocienoa
Section 3. No mnstmcnon may take place
accept in substantial mnforrnence with this
emended mnceptuel development plan.
Section 4. This ortlinence shell take effect
immediately upon publication, es provided by law.
Pessetl, epprovetl end etloptetl this 6th dry of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
ACCEPTANCE OF ORDINANCE
NO. 44-94
I, the untlersi_metl, Richertl Young,
representing Ieble Mound Perk Coryorenon,
property owner(s), having reed the tams end
mntlinons of the
44- 94 end being familiar with the mntlinons
thereof, hereby accept this same end agree m the
mntlinons required therein
Detetl this 12th dry of September, 1994_
Sy lsJRichertl Young
Table Mound Perk Corporation
Published officially in the Telegraph Herald
newspaper this 23rd dry of September, 1994_
It 9123 Mery A Davis, Ciry Clerk
Council Member Kluesner moved final
mnsitlerenon end passage of the Ordinance
Seconded by Council Member Nagle Cerrietl by
the following vote- Yees-Mayor Duggan,
Council Member- Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
Proof of Publication terrified m by the
Publisher on Nonce of Public Hearing m mnsitler
redessifying properry et 2887 Central Ave from
R-1 Detract m OR Detract, preented end reefL
Council Member Voaberg moved that the proof of
publication be received end filed. Seconded by
Council Member NchoL-oa Cerrietl by the
following vote- Yees-Mayor Duggan, Council
Member Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Neys-None
There were no objections received end no Orel
ob]ecmn present et the time of the Heerang
Ierry Meler_, 3090 Castlewood, of Holy Ghent
Perish, requested adoption of the Ordinance
An Ordinance Amending Zoning Mep by
reclassifying property located et 2887 Central
Avenue from R-1 Single-Family Resitlennel
District m OR Office Resitlennel Distract, said
Ordinance having been presented end reed et the
Council Meaing of 8-15-94, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCR NO. 45-94
AN ORDINANCR AMRNDING APPRNDDC
A (THR ZONING ORDINANCR) OF 7HR
CITY OF DUSUQUR CODR OF
ORDINANCRB, SY RRCLASSIFYING
HRRRINAFTRR DRSCRISRD PROPRRTY
LOCATRD AI 288'1 CRNTRAL AVRNUR
FROM R-1 SINGER-FAMILY
RRSIDRNTIAL DI87RICT IO OR OFFICR
RRSIDRNTIAL DI87RICT.
NOW, THEREFORE, SE R ORDAINED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That Appendic A (the Zoning
Ordinance) of the Ciry of Dubuque Code of
Ordinances is hereby emended by reclassifying the
hereinefrer described property from R-1 Single-
Femily Resitlennel Detract m OR Office
Resitlennel Detract, m wit
Lots 4, 5, 6 end 6A G R West Addition, end m the
center line of the adjoining public right-of-way, ell
in the Ciry of Dubuque, Iowa.
Section 2 the foregoing amendment has
heraofore been reviewed by the Zoning
Commission of the Ciry of Dubuque, Iowe_
Section 3. This ortlinence shell take effect
immediately upon publication, es provided by law.
Pessetl, epprovetl end etloptetl this 6th dry of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Published officially in the Telegraph Herald
newspaper the 15th day of September, 1995_
It 9115 Mery A Davis, Ciry Clerk
Council Member Voaberg moved final
mnsitlerenon end passage of the Ordinance
Seconded by Council Member NchoL-oa Cerrietl
by the following vote- Yees-Mayor Duggan,
Council Manber_ Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
BOARDS AND COMMISSIONS
HOUSING COMMISSION TRUST
FUND:
One tam (At Large) m ecpire 9-8-97.
Applicant Mery Iene Steele. Council Member
Voaberg moved that Mery Iene Steele be
appointed m the Housing Commission IYust Funtl
for the At Large tam which will ecpire 9-8-97.
Seconded by Council Member Robbins- Cerrietl
by the following vote- Yees-Mayor Duggan,
Council Manber_ Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
Commumcenon of the Housing Commission
remmmentling that Iemes Geisen be reappointed
m the Housing Commission IYust Funtl
Commission es a representative from the Housing
Commission, presented end reetL Council
779 Renular Seccinn. Sentemher fi. 1994
Member Voaberg moved that the communication
be received end filed end approved the
recommendenon for Iemes Geisen m be
reappointed m the Housing Commission IYust
Fund Commission for a one year tam which will
aspire 9-8-95. Seconded by Council Manlier
Robbins- Carried by the following vote:
Yeas-Mayor Duegen, Council Manlier-
Kluener, Krieg, Nagle, NchoL-on, Ro667rr_,
Voaberg. -- - -- rte.
HUMAN RIGHTS COMMISSION:
One terrn m aspire 1-1-97 (ferrn of Ierome
Greer). Applicenc: Becky Heimerl, Richard F.
McCrrene, Muoefe Ozcen, Allen L'IYoupe.
Applicants Muoefe Ozcen, Allot IYoupe end
Becky Heimerl spoke requesting appointment
Mayor Duggan voted for Heimerl. Council
Member Kluesner voted for Ozcea Council
Member Krieg voted for Heimerl. Council
Member Nagle voted for Heimerl. Council
Member NchoL-on voted for IYoupe Council
Member Robbins voted for HeimerL Council
Member Voaberg voted for Ozcen. 'Therefore,
Becky Heimerl was appointed m the unexpired
tam which will expire 1-1-97.
PLUMBING BOARD:
One tam m aspire 11-2-96 (tam of a Master
Plumber). Applicant Leonard Rhomberg.
Council Member Voaberg moved that Leonard
Rhomberg be reappointed (es Master Plumber) m
e tam which will aspire 11-2-96. Seconded by
Council Member Nagle Carried by the following
vote: Yeas-Mayor Duggan, Council Manber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg. -- - -- rte.
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg Nays-None
Ciry Manager submimng Roosevelt Perk
development possibiGnes, presorted end reetL
Upon discussion end consensus of Council it was
resolved m leave es it is presently-
City Manager recommending the hiring of en
eneineering firrn for services et Flora end Sutton
PooL-, presorted end reetL Council Manlier
Kluesner moved that the communicenon lie
received end filed end the hiring of the firrn lie
approved. Seconded by Council Member Krieg.
Carried by the following vote- Yeas-Mayor
Duggan, Council Manlier- Kluener, Krieg,
Nagle, NchoL-on, Ro661rr_, Voaberg
Nay, None.
Ciry Meneger recommending approval of
contract with Dubuque Fighting Saints for
1994!95 year, presorted end reetL Council
Member Kluesner moved that the communicenon
be received end filed end contract approved.
Seconded by Council Member Nagle Carried by
the following vote- Yeas-Mayor Duggan,
Council Manber_ Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Communicenon of the Ciry Manager requesting
euthorizenon for release of penonel guarantee for
Eagle Point Coryorenon, presorted end reetL
Council Member Krieg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yeas-Mayor Duggan, Council
Member- Kluesner, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Housing Commission requesting a Worksession
with Ciry Council m discuss Housing Issues,
presorted end reetL Council Member Voaberg
moved that the communication be received end
Fled end sa Monday, October 10, 1994 et 4 00
p-m_ es the desi_meted date end time for the
Worksessioa Seconded by Council Member
NchoL-oa Carried by the following vote:
Yeas-Mayor Du_ge en, Council Manber_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg. -- - -- rte.
Mayor of Hendon, Republic of Chine,
requesting Ciry representenves visit their Ciry in
Sept or Oct m si_m gg'eement Establishing Sister
Ciry Relenonship, presorted end reetL Council
Member Voaberg moved that the communication
be received end filed end that it be recommended
that the Mayor represent the Ciry with the
delegenon going m Hendon, with funding m come
from private contribunons_ Seconded by Council
Member NchoL-oa Carried by the following vote:
Yeas-Mayor Duggan, Council Manber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None
Ciry Manager submitting a Work Plen for
SoerdJCommissions Study, presorted end reetL
Council Member Krieg moved that the
communication be received end filed end approved
the Work Plen end proceed with the proposed time
schedule end forrnet Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
RZSOLUIION N0.292-94
RZSOLUIION AUTHORIZING RZLZASZ
OF SCOTT 'TAYLOR AND RHONDA
'TAYLOR FROM PZRSONAL
GUARANTZZS AND FUNRZ
OSLIGAIIONS FOR PZRSONAL
GUARANTZZS AND FURIHZR
AU...,......~fG IHZ RZDfl.... ..,..f SY
ZAGLZ POINT CORPORATION OF
SI-L9Rfl5 OWNflD SY SCOTI'IAYLOR
Whereas, Scott Taylor is e shareholder of Eagle
Point Coryorenon end es a shareholder he end his
wife, Rhonda Taylor, have executed personal
guarantees of the notes owed by Eagle Point
Coryorenon m the Ciry of Dubuque punuent m
the requirements of CDSG Loen Agreement No_
5-93 dated May 16, 1994; end
Whereas, Scott Taylor end Rhonda Taylor ere
obligated m execute penonel guarantees under
CESA Loen No_ 92-PRO-Ol dated
Iuly 18, 1991, end CESA Loen Agreement No.
93-CESA-066 dated Iuly 15, 1993; end
Whereas, Eagle Point Coryorenon end Scott
Taylor wish m have Eagle Point Coryorenon
redeem his shares in the coryorenon m the point
where he would no longer be a shareholder; end
Whereas, Scott Taylor end Rhonda Taylor wish
m be relieved of erry obligenons on the penonel
guarantees et such point es they cease being
shareholder- in the coryorenon; end
Whereas, the redemption of Scott Taylor's
shares in the coryorenon requires the consort of the
City of Dubuque under paragraph 9(f) of Loen
.v_...-._; Nn CDSG 5-93, Nn CDSG 3-93
Renular Seccinn. Sentemher fi. 1994 -RO
end a certain CDSG Loen Agreement dated
Ienuery 2Q 1992; end
Whereas the Ciry Council of the Ciry of
Dubuque believes that the redemption of the shares
es contemplated above end the corresponding
release of Scott Taylor end Rhonda Taylor from
their guerentees end obligations for future
guerentees ere in the best interests of the Ciry of
Dubuque.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section L the redemption by Eagle Point
Coryoretion of the shares of the Coryoretion owned
by Scott Taylor is hereby epprovetL
Section 2 the release of Scott Taylor end
Rhonda Taylor forrn the penonel guerentees
previously given to the Ciry of Dubuque of the
notes of Eagle Point Coryoretion end its
predecessor end the futther release of Scott Taylor
end Rhonda Taylor from arty futther obligation to
provide penonel guerentees of the notes of Eagle
Point Coryoretion is hereby epprovetL
Section 3. 'Ihe Mayor is hereby authorized end
directed to si_m the modification end the release
attached herao.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Krieg moved adoption of the
Resolution Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Manber_ Kluener, Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None.
Communication of the Ciry Meneger
submitting a xhedule on construction of Fremont
Avenue Bridge end requesting Eminent Domain
Proceedings begin to acquire parcel of R-teht-of-
Wey, presented end reetL Council Member
Kluesner moved that the communication be
received end filed. Seconded by Council Member
Negle_ Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None
RHSOLUTION N0.293-94
RHSOLUTION APPROVING HASHMHNT
AGRHHMHNT WITH CHICAGO,
CHNTRAL AND PACIFIC RAILROAD
COMPANY RHLATING TO
CONS__.____.... OF FRHMONT AVHNUH
SRIDGH
Whereas, the Ciry of Dubuque is developing
plans for the reconstruction of the Fremont Avenue
bridge which crosses property owned by the
Chicegq Carrel end Pacific Reilroed Comperry;
end
Whereas, the Chicegq Carrel end Pacific
Reilroed Comperry has prepared en Easement
Agreement stipulating the tams end conditions of
their epprovel for the construction of said bridge
over railroad property; end
Whereas, the Ciry Council epprovel the tams
end conditions of said Easement . v __..__
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section L Ihet the Easement i with
the Chicago, Carrel end Pacific Reilroed
Comperry relating to the construction of the
Fremont Avenue bridge be approved.
Section 2 Ihet the Mayor be authorized end
directed to execute two copies of the ageement
with the Chicagq Carrel end Pacific Reilroed
Comperry.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Kluesner moved adoption of
the Resolution end to proceed with eminent
domain proceedings. Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
Kluener, Krieg, Ndele, NchoL-on, Robblrr_,
Voaberg Nays-None
Communication of the Ciry Meneger
recommending to rehabilitate property et 508
Loren SIvtL es a single family home structure;
Communication of Historic Preservation
Commission requesting Council not to demolish
the house et 508 Loren Boulevard;
Communication of the Ciry Meneger
recommending ecceptence of deed for property et
508 Loren SIvtL, presented end reetL Council
Member Voaberg moved that the communications
be received end filed. Seconded by Council
Member Krieg Carried by the following vote-
Yeas-Council Manber_ Kluener, Krieg,
NchoL-on, Voaberg Nays-Mayor Duggan,
Council Member Nagle, Robbins_
RHSOLUTION N0.294-94
RHSOLUIION ACCHPTING A
CONVHYANCH OF PROPHRTY LOCATHD
AT 508 LORAS SOULHVARD, DUSUQUH,
IOWA, TO 7HH CITY OF DUSUQUH,
IOWA.
Whereas, the Ciry of Dubuque has agreed to
purchase the following legally described reel
propery:
Lot One (1) of Lot One (1) of Lot One (1) of
Lot 810 in McDenielS Subdivision of Town
Lon; end Lot Eteht (8) of A L Brown;
Subdivision, ell in the Ciry of Dubuque, Iowa,
Dubuque County, Iowa, according to the
recorded plat thereof
from Gery end Iune Henson, end
Whereas, the owner- have prepared a Werrenry
Deed naming the Ciry of Dubuque, Iowa, es holder
of ell r-tehn, title end interesn in said propary_
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. the Ciry Council of the Ciry of
Dubuque, Iowa, hereby approve of, eccepn end
consenn to the Werrenry Deed from Gery end
Iune Henson es required by Iowa Code Section
569.7.
Section 2 the Ciry Clerk be end she is hereby
authorized end directed to cease said Werrenry
Deed to be recorded in the office of the Dubuque
County Recorder, togaher with a cettified copy of
this Resolution
Section 3 the Ciry Clerk be end she is hereby
directed to forward e copy of this Resolution to the
Dubuque County Assessor end the Dubuque
County Auditor_
-R1 Renular Seccinn. Sentemher fi. 1994
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolution Seconded by Council Member
Krieg Carried by the following vote-
Yeas-Council Manber_ Kluener, Krieg,
NchoL-on, Voaberg S- _ - - _ -.r Duggan,
Council Member_Nagle, Robbins_
City Manager recommending execution of
Industrial Sewer Use Agreements with FDL Foods,
Inc, Inland Protein, Senofi Sio Industries end
Swiss Valley Ferrns Dairy, presorted end reetL
Council Member Kluesner moved that the
communication be received end filed end approved
the recommendation. Seconded by Council
Member Robbins- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg. -- _ -- tie.
Council Manlier Kluesner moved final
consideration end passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Member- Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voaberg N. _ --
Ciry Manager submitting en Ordinance
providing for controlling the erection of s(gns in
the Ciry, presented end reetL Council Member
Kluesner moved that the communication be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None
An Ordinance Amending Code of Ordinances
by repealing certain sections end enacting in lieu
thereof new Sections 3-34 thm 3-71 establishing e
Sign Code for the Ciry end providing for the
Issuance of Permits, the Collection of Fees
therefore end the Licensing of Contrecton,
presented end reetL
City Manager submitting Ordinance prohibiting
perking on Notth side of Spring Valley Roed, from
Olde Country Lene to Fos Hollow Roed, presorted
end reetL Council Kluesner moved that the
communication be received end filed. Seconded
by Council Member Voaberg Carried by the
following vote- Yees-Mayor Duggan, Council
Member- Kluesner, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances prohibiting perking on
des meted stress end adding pottions of Spring
Valley Roed, presented end reed.
(OFFICIAL PUBLICATION)
ORDINANCH NO. 46-94
AN ORDINANCH AMHNDING SHCTION
32-262(d) OF 7HH CODH OF ORDINANCHS
OF 7HH CITY OF DUSUQUH, IOWA
PROHIBITING PARKING ON
DHSIGNATHD STRHHTS OR PORTIONS
7HHRHOF ADDING CHRTAIN P,.....,...5
OF SPRING VALLHY ROAD
NOW, THEREFORE, SE R ORDAINED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ihet the Code of Ordinances of the
Ciry of Dubuque, Iowa be emended by adding to
Subsection (d) of Section 32-262 the following-
Spring Valley Roed, notth side, from Olde
Country Lene to Fos Hollow Roed
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Published officially in the Telegraph Herald
newspaper the 15th day of September, 1994_
It 9115 Mery A Davis, Ciry Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered end voted on for passage et two
Council Meaings prior to the mewing et which it
is to be finally passed be suspendetL Seconded by
Council Member Voaberg Carried by the
following vote- Yees-Mayor Duggan, Council
Member Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
(OFFICIAL PUBLICATION)
ORDINANCH NO. 49-94
AN ORDINANCH AMHNDING 7HH CODH
OF ORDINANCHS OF 7HH CITY OF
DUSUQUH, IOWA, SY RHPHALING
SHCTIONS 3-34 7HRU 3-69
HSTASLISHING A SIGN CODH AND
HNACTING IN LIHU 7HHRHOF NHW
SHCTIONS 3-34 7HRU 3-71
HSTASLISHING A SIGN CODH FOR 7HH
CITY OF L_.._.~__, IOWA AND
PR,.....~.... FOR 7HH ISSUANCH OF
PHRMCIS, 7HH COLLHCTION OF FHHS
THHRHFOR AND 7HH LICHNSING OF
CONTRACTORS.
NOW, THEREFORE, SE R ORDAINED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. the Code of Ordinances of the Ciry
of Dubuque, Iowa is hereby emended by repealing
Sections 3-34 through 3-71 end adopting new
Sections 3-34 thm 3-71 in lieu thereof es follows-
Sec 3-34. Title These regulations shell be
known es the "Dubuque Sign Code;' may be cited
es such, end will be referred to herein es "this
code."
Sec. 3-35. Purpose end Scope. 'The purpose of
this code a to provide minimum oenderds to
safeguard life, health, property end public welfare
by regulating end controlling the desi_m, queliry of
meterieL-, construction, location, electrification
end meintenence of ell s(gns end s(gn structures
not located within a building.
A sign shell not be erected in a manner that
would confuse or obstruct the view or
interpraetion of erry official traffic sLen, sLenel or
device.
The regulations of this code ere not intended to
permit erry violation of the provisions of erry other
lawful ordinance.
Sec 3-36. Application to Existing Si_ms_ (e)
GenereL Sims in existence et the time of the
adoption of this code may have their existing use
continued, if such sum was legal et the time of
adoption of this code; provided that proof of
insurance es required in Section 3-43(b) of this
code is filed with the building official
(b) Meintenence of Existing S~ms_ All
existing sums end sum suppott oructures, togaher
Renular Seccinn- Sentemher fi- 1994 -R-
with ell of their suppom, brace, guys end anchors,
shell be kept in repair end in a proper state of
preservetioa the display surfaces of ell si_ms
shell be kept neatly painted or posted et ell ~mes~
(q Moved Si_ms_ Sims moved into or within
the Ciry of Dubuque shell comply with the
provisions of this code for new si_ms_
Sec. 337. Enforcement (e) Authoriry. The
bWltling official is hereby authorized end directed
to enforce ell the provisions of this code For such
puryoses the building official shell have the powers
of a law enforcement officer.
(b) R[ght of Entry- Whatever necessary to
make en inspection to enforce erry of the provisions
of this code, or whatever the building official or
authorized representative has reesoneble cease to
believe that there esists in erry building or upon
any premises erry condition or code violation
which makes such building or premises unsafe,
dangerous or hazardous, the building official or
authorized representative may otter such building
or premises et ell reesoneble times to inspect the
same or to perforrn erry dory imposed upon the
building official by this code, providing that if such
building or premises be occupied, the building
official or authorized representative shell fiat
present proper cretlentieL- end request entry; end if
such building or premises be unoccupied, there
shell Frst be metle a reesoneble effott to locate the
owner or other persons having charge or control of
the building or premises end request entry. 1f such
entry is refused, the building official or authorized
representative shell have recourse to every remedy
provided by law to secure entry.
(q Soerd of Appeals. In order to provide for
reesoneble interpraetion of the provisions of this
code, there is hereby established a Soerd of
AppeeL- es provided in the Building Cotle
(tl) Violetions_ It shell be unlawful for erry
person, firrn or coryoretion to erect, comtruct,
enlarge, alter, repair, move, remove, improve or
maintain erry si_m or si_m structure or cease or
permit the same to be done in violation of this
code- the doing of erry act, or the omission of erry
act, declared to be unlawful by this code, or erry
code or ordinance herein etloptetl by reference
shell be deemed a separate offense for each end
every day or pottion thereof during which erry such
unlawful act is committed, continued or permitted
end upon conviction shell be punishable es
provided in Chapter 1 of the Cotle of Ortlinences_
The penelry herein provided shell be cumulative
with end in addition to the revocation, cencelletion
or forfeiture of erry license or permit eL-ewhere in
this code provided for violation thereof
Section 338_ Definitions- GenereL For the
puryme of this code, certain tams, phrase;, words
end their derivatives shell be construed es specified
in either this chapter or es specified in the Building
Cotle_ Where tams ere not defined, they shell
have their ortlinery accepted meanings within the
contest with which they ere usetL Webster's Ihirtl
New Atemetionel Dictionary of the English
Language, Unabridged, copyright 1986, shell be
considered es providing ortlinery accepted
meanings- Words in the singular include the plural
end the plural the singulen Words used in the
mescaline gentler include the feminine end the
feminine the mescaline
APPROVED PLASTIC MATERIALS - See
PLASTIC MATERIALS, APPROVED.
SUIIDING CODE is the Uniforrn Building
code promuigetetl by the Atemetionel Conference
of Building officieL-, es etloptetl by the Ciry of
Dubuque end known es the Dubuque Building
Code.
BUILDING .,.......,... is the officer or other
tlesi_metetl euthoriry charged with the
etlministretion end enforcement of this code, or his
or her duly authorized representative
COMBINATION SIGN is erry sum
incoryoreting erry combination of the features of
pole, projecting end roof si_ms_
CURS LINE is the line et the face of the curb
nearest to the street or roadway- A the absence of
e curb, the curb line shell be esteblishetl by the Ciry
engineer. (See Legal Sabeck Line.)
DISPLAY SURFACE is the area metle
eveileble by the si_m structure for the puryose of
displaying the advertising message
ELECTRIC SIGN is erry si_m containing
electncel wiring, but not including sins
illuminetetl by en esterior I~t source
FIN SIGN is a si_m which is suppottetl wholly
by e one-story building of en opal-air business or
by poles pieced in the ground or pettly by such e
pole or poles end pettly by a building or stmcture
GROUND SIGN is a billboard or similar type
of si_m which is suppottetl by one or more uprights,
poles or braces in or upon the ground other then e
combination sLen, fin sLen or pole sLen, es defined
by this code
LEGAL SETBACK LINE is e line esteblishetl
by ordinance beyond which a building may not be
built A legal sabeck line may be a propetty line
MARQUEE is a perrnenent roofed structure
ettechetl to end suppottetl by the building end
projecting over public propetty.
NONCOMBUSTIBLE es applied to building
construction materiel means a materiel which, in
the form in which it is used, is either one of the
following:
1. Materiel of which no pelt will ignite end
bum what subject to fire Arty materiel
conforrning to the U.BC. Stenderd
'Noncombustible MeterieL- Test-,' shell be
considered noncombustible within the meaning of
this section
2 Materiel having a structural base of
noncombustible materiel es defined in Item No_ 1
above, with a surfacing materiel not over 1!8 inch
thick which has a flame-spread rating of 50 or less-
"Noncombustible" does not apply to surface
finish meterieL-_ MeterieL- required to be
noncombustible for reduced clearances to flues,
heating eppliences, or other sources of h-teh
temperature shell refer to meterieL- conforrning to
Item No_ 1. No meterieL- shell be classed es
noncombustible which is subject to increase in
combustibiliry or flame-spread rating beyond the
limits herein eteblished, through the effects of age,
moisture or other atmospheric contlitioa
Flame-spread rating es used herein refers to
rating obtained according to tests conducted es
specified in the U S C Stenderd 'Test Mahotl for
Surfacing Suming Characteristic of Building
Materiel,"
NONSTRUCTURN_ TRIM is the molding,
betterr_, ceps, nailing strips, IettiHng, cutouts or
letters end walkways which ere ettechetl to the sig,
stmcture
PLASTIC MATERIALS, APPROVED shell
be those having eself-igiition temperature 650
tlGerees F_ or greeter end esmoke-tlensiry rating
not greeter then 450 when tested in eccortlence
with U S C Stenderd 'Test Mahotl for Surface
-R3 Renular Seccinn- Sentemher fi- 1994
Burning Cherecterisnc of Building MeterieL-;' in
the way intatded for use, or a smoke-datsiry rating
no greeter then 75 what tested in the thickness
intatded for use By USC Standard "Chamber
Method of Test for Measuring the Datsiry of
Smoke from the Suming or Decomposition of
Plastic Materiel," Approved plesnc shell Be
classified es either CCI or CC2 plesnc
POLE SIGN is a si_m wholly suppotted By e
si_m structure in the grountL
PORTABLE DISPLAY SURFACE is e
display surface tanporerily filed to a stenderdized
edvettising structure which is regularly moved
from structure to structure et periodic interveL-_
PROTECTING SIGN is a si_m other then e
well si_m, which projects from end is suppotted By
e well of a building or structure
PROIECIION is the distance By which a si_m
ectmds over public propetty or beyond the
building line.
ROOF SIGN is a si_m erected upon or above e
roof or perepa of a building or structure.
SIGN is erry medium, including its structure
end componan pens, which is used or intatded to
Be used to attract ettattion to the subject matter for
advertising puryoses other then paint on the
surface of a Buildir~
SIGN STRUCTURE is erry structure which
suppotts or is cepeBle of suppotting erry si_m es
deFned in this code A si_m structure may Be e
single pole end may or may not Be en integral pelt
of the building.
STRUCTURE is that which is built or
constructed, en edifice or building of erry kind, or
any piece of work ettificielly built up or composed
of pettsjoined togahx in some definite menner_
IEMPORARY SIGN is erry sLen, Benner,
pendent, valence or advertising display constructed
of cloth, canvas, light fabric, cardboard, well Board
of other l etpt meterieL-, with or without frame,
intended to Be displayed for a limited period of
time only.
U S C STANDARDS is the Uniforrn Building
Code Standards, promulgated By the Atanenonel
Confxase of Building OfflcieL-, es adopted By
thisjurisdicnoa
WALL SIGN is erry sign attached to or erected
egeina the well of a Building or structure, with the
ecposed face of the sign in a plane parallel to the
plane of said we1L
Sec 339_ Permits RequiretL A sign shell not
hereafter Be erected, re-erected, constructed,
altered or maintained, accept es provided By this
code end after a permit for the same has Beal
issued By the Building offlcieL A separate permit
shell Be required fore sign or signs for each
Business axiry, end a separate permit shell Be
required for each group of signs on a single
suppotting structure A addition, electrical
permits shell Be obtained for electric s~gns~
Sec. 3-40 Application for Pamir Application
for a sign permit shell Be made in writing upon
forrns famished By the Building offlcieL Such
eppGcenon shell contain the locenon By strew end
number of the proposed sign structure, es well es
the name end address of the owner end the sign
contractor or erector.
(e) Plans end Specificenons_ Plans, enginexing
celculenons, diagrams end other date shell Be
submitted in one or more sal with each eppGcenon
for a permit The Building offlciel may require
plans, computenons end specificenons to Be
prepared end designed By en engineer or architect
Gcatsed By the state to practice es such
EXCEPTION: 'The Building Official may
waive the submission of plem, celculenorr_,
corr_trucnon irr_pecnon requiranans, ac, if he
or she finds that the nature of the work applied
for is such that reviewing of plans is not
necessary to obtain compliance with this code
(B) IDforrnenon on Plans end Specificenons_
Plans end specificenons shell Be drawn to scale
upon substennel paper or cloth end shell Be of
saf{Hmt cleriry to indicate the locenon, nature
end ectan of the work proposed end show in derail
that it will conform the provisions of this code en
ell relevant laws, ordinance;, rule end regulenorr__
Sec 3-41_ Ecanpnons_ the following si_ms
shell not require a si_m permit These ecanpnons
shell not Be construed es relieving the owner of the
sign from the responsibiliry of its erection end
meintatence, end its compliance with the
provisions of this code or erry other law or
ordinance regalenng the same
L The changing of the advertising copy or
message on a painted or printed si_m only-
2 Painting, repainting or cleaning of en
advertising stmcture or the changing of
the advertising copy or message thereon
shell not Be considered en erection or
eltxenon which requires a si_m permit
unless a structural change is made
3. Holiday or special evens decorenons_
4. Name plate oft square fee or less-
i Sims erected By a g~ _ _-_--__al body
relating to public inforrnenon, sefery,
trefFc direction or control or es a public
service
6. Sims relating to erry anergatry_
Z Reel estate si_ms on residattiel propetty
advertising sale or ran provided they ere
not over twelve (12) square fee in eree
end not over sic (6) fee in height or reel
estate sums advertising commercial,
egriculturel or industrial propetty or
subdivisions of multiple lots for sale or
lease provided they ere not over Chitty-two
(32) fee in eree end twelve (12) fee in
height.
8. Interior window s~gns~
9. Signs placed for construction projects
which will Be removed et the complanon
of the project.
10. Non illuminated on-pranise direcnonel
signs which idatnfy a pranise or provide
instruction for the safe end efflcian flow
of vehicular or pedestrian traffic which ere
less then 6 fee above grade end ere 6
square fee or less in eree_
11. Official flags of erry govemmanel body-
Sec 3-42 Licatsing (e) Licatse RequiretL
No person, firrn or coryorenon shell erect,
construct, ailerge, alter, repair, move, ranove,
improve or meintein erry sum or sum structure, es
covered By this code, or cease or permit the same
to Be done unless Gcatsed By the ciry es provided
in this emcle
Eccepnorc No Gcatse shell Be required of e
person, firrn or coryorenon to erect, construct,
enlarge, alter, repair, move, remove, improve or
meintein erry sign or sign structure ecanpted
from the requiranan to obtain a permit es
specified in Section 3-4 ofthis code
(B) Licatse fee; Insurance Before a Gcatse is
granted to erry applicant under this section end
Renular Seccinn- Sentemher fi- 1994 -R4
before a license is renewed, the eppGcent shell pas'
the ciry a fee of $100 00 end famish the required
evidence of insurence in each en amount es herein
specified for en annual license
(q Insurance RequiretL Prior m the issuance or
renewal of a si_m erection license, the eppGcent
shell famish m the building official such
comprehensive public liebiliry end propery
damage insurence written by en insurer licensed m
do business in the State of Iowa es shell protect the
contractor, the ciry end erry subcontractor during
the paforrnence of work covered by this etticle
from claims or damages, penonel injury, including
eccidentel death, es well es for claims for propery
damages, which may erne from operations under
this project, whether such operations be by the
contrecmr or by erry subcontractor, or by erryone
directly or indirectly employed by either the
contractor or by erry subcontractor, or by erryone
directly or indirectly employed by either of them,
or in such a manner es to impose liebiliry on the
ciry, end the amounts of such insurence shell be es
required by this code Such insurence shell name
the ciry es insured along with the contractor, end
shell hold herrnless the ciry against ell suits end
claims arising from or es the result of the
operations of the contractor or the contractor's
subcontrector__
The amount of coverage shell be es follow>
comprehensive public liebiliry insurence;
$1,000,000.00 for each occurrence (bodily injury
end property damage), automobile public liebiliry
insurence; $500,000 00 each accident (bodily
injury end property damage).
Each si_m erection contractor shell eL-o
meintein on file with the building official e
cernficete evidencing that the insurer will give the
building official fifreen (15) days written nonce
prior to terrninetion for cencelletion of the required
insurence
Upon notice of terrninetion or cencelletion of
insurence, the building official shell notify the
license holder by cettified mail that the si_m
erection license is revoked effective on the date of
terrninetion or cencelletion of the required
insurence coverage end, futther; that ell
outstanding si_m permits ere revoked on the date of
terrninetion or cencelletion of the required
insurence
(d) Eech license issued under this section shell
aspire on Decanter thirty-fiat, following the date
of its issue end shell be renewed by the ciry upon
eppGcenon of the license holder end payment of
the required fee end proof of insurence erry time on
or before Ienuery first of each year.
Sec 3-43_ Permit Issuance (e) Issuance The
eppGcenon, plerr_, speHficenom end other date
Fled by en eppGcent for a permit shell be reviewed
by the building officieL Such plans may be
reviewed by other depettments entUor divisions of
the Ciry to verify compliance with erry eppliceble
regulenons or ordinances under their jurisdicnoa
If the building official finds that the work
described in en eppGcenon for a si_m permit end
the plerr_, speHficenom end other date filed
therewith conforrn to the requirements of this code
end other pertinent laws end ordinances, end that
the fees specified in Section 306 have heal paid,
the building official shell issue a permit therefore
to the applicant.
(b) Insurance for Sims Projecting over Public
Propary_ Prior to issuance of erry permit for a si_m
projecting into public right of way or public
propery, proof of insurence shell be famished m
the building officieL Coverage shell consist of
such comprehensive public liebiliry end propery
damage insurence written by en insurer licensed m
do business in the Sete of Iowa es shell protect the
Ciry during the life of the si_m from claims or
damage, penonel injury, including ecHdentel
death, es well es claims for property damages,
which may erne from the existence of the si_m in
such a manner es m impose liebiliry on the Ciry,
end the amounts of such insurence shell be es
required by this code Such insurence shell name
the Ciry es insured along with the owner entUor
occupant of the premise, end shell hold herrnless
the ciry against ell suits end claims arising from
the existence of the si_m or si_ms for which a permit
is requestetL
The amount of coverage shell be es follows-
Public Liebiliry Insurance for bodily injury end
property damage - $500,000.00 for each
occurrence.
Each owner entUor occupant of a premise
required to famish proof of insurence shell eL-o
meintein on file with the building official e
cernficete evidencing that the insurer will give the
building official fifreen (15) days written notice
prior to terrninetion or cencelletion of the required
insurence
Upon notice of cencelletion or terrninetion of
insurence, or expiration of proof of insurence, the
building official shell notify the owner entUor
occupant of the premise for which proof of
insurence is required by cettified mail that the si_m
or sums ere in violation of this code end shell be
removed by the date stipulated in the notice
(q Velidiry of Permit- The issuance or
granting of a permit shell not be constmed to be e
permit for, or en approval of, erry violation of erry
of the provisions of this code or of erry other
ordinance of the Ciry_ Permits presuming to give
euthoriry to violate or cancel the provisions of this
code or of erry other ordinances of the Ciry shell
not be valid.
The issuance of a permit based upon plans,
spenficenons end other date shell not prevent the
building official from thereafter requiring the
correction of error in said plans, specificenons end
other date.
(d) Expirenoa Every permit issued by the
building official under the provisions of this code
shell expire by limitation end become null end
void if the building or work authorized by such
permit is not commenced within 180 days from the
date of such permit, or if the building or work
authorized by such permit is suspended or
ebendoned et erry time after the work is
commenced for a period of 180 days- Before such
work can be recommenced, a new perrnit shell be
fiat obteinetL A order to renew action on a permit
after expiration, the perrnittee shell pay a new full
perrnit fee.
Fury perrnittee holding en unexpired perrnit
may apply for en extension of the time within
which he may commence work under that perrnit
what he is unable to commence work within the
time required by this section for good end
satisfactory reasons- The building official may
extend the time for action by the perrnittee for e
period not exceeding 180 days upon written
request by the perrnittee showing that
circumstances beyond the control of the perrnittee
have prevented action from being taken. No
permit shell be extended more then once
-RS Renular Seccinn- Sentemher fi- 1994
(e) Suspension or Revocation The building
of{nel may, in writing, suspend or revoke e
permit issued under the provisions of this code
whenever the permit is issued in error or on the
basis of incorrect inforrnetion supplied, or in
violation of erry ordinance or regulation or erry of
the provisions ofthis code
Sec 3-44_ Fees (e) Permit Fees- The fee for
each si_m permit shell be es set fotth in Table No_
3-C.
(b) Ecpiretion of Plen Review- Applications
for which no permit is issued within 180 following
the date of eppGcetion shell ecpire by limitation,
end plans end other date submitted for review may
thereafter be resumed to the eppGcent or destroyed
by the building official. The building official may
ectend the time for action by the epplicent for e
period not ecceeding 180 days upon request by the
eppGcent showing that circumstances beyond the
control of the epplicent have prevented action from
being taken No eppGcetion shell be ectended
more then once. lit order to renew action on en
eppGcetion after ecpiretion, the eppGcent shell
resubmit plans end pay a new plan review fee
(q Avestigetion Fees- Work Without a Perrnit_
1_ Avest~eetion Whenever erry work for which e
permit is required by this code has beers
commenced without fiat obtaining said permit, e
special investigation shell be made before a permit
may be issued for such work
2_ Fee An invetigetion fee, in addition to the
permit fee, shell be collected whether or not e
permit is there or subsequently issuetL The
investigation fee shell be equal to the amount of
the permit fee required by this code The
minimum investigation fee shell be the same es the
minimum fee set fotth in Table No_ 3-C. The
payment of such investigation fee shell not ecempt
any person from compliance with ell other
provisions of this code nor from erry penelry
prescribed by lew_
(d) Fee Refunds- 1. The building official may
authorize the refunding of erry fee paid hereunder
which was erroneously paid or collectetL
(2) The building official may authorize the
refunding of not more then 80 percent of the
permit fee paid when no work has been done under
e permit issued in eccordence with this code
The building official shell not authorize the
refunding of erry fee paid accept upon written
eppGcetion filed by the or~ginel perrnittee not later
then 180 days after the date of fee p~yment~
Sec 3-45_ Meintenence All si_ms end si_m
suppott amcture, together with ell of their
supporn, brace:, guys end anchors, shell be kept in
repair end in a proper state of preservation The
display surface of ell si_ms shell be kept neatly
painted or posted et ell times-
Sec 3-46_ Inspections- All si_ms for which e
perrnit is required shell be subject to inspection by
the building official.
Footing inspections shell be required by the
building official for ell si_ms having footings-
All si_ms containing electncel wiring shell be
subject to the provisions of the Dubuque Electncel
Code, end the electncel components used shell
beer the label of en approved testing agenry_
The building official may order the removal of
any sign that is not meinteined in eccordence with
the provisions of Section 336(b}
All sums may be reinspected et the discretion of
the building official.
Sec 3-47_ Desk (e) GenereL Si_me end
sign stmcturel shell be desi_med end constmcted to
resist wind es specified in this section All bracing
systems shell be desi_med end constmcted to
transfer lateral forces to the foundenons_ For si_ms
on buildings the deed end lateral loads shell be
transmitted through the stmcturel frame of the
building to the ground in such a manner es not to
over_tress erry of the elements thereof
The ovettuming moment produced from lateral
forces shell in no case ecceed two thirds of the
deed-load resisting moment. Uplift due to
ovettuming shell be adequately resisted by proper
anchorage to the ground or to the stmcturel frame
of the buildir~ The weight of eetth superimposed
over footings may be used in determining the deed-
loed resisting moment- Such eetth shell be
carefully placed end thoroughly compacted.
(b) Wind Loads- Sims end si_m stmcturel shell
be des meted end constmcted to resist wind forces
es specified in the Building Code
Vertical des~m loads, accept roof live loads,
shell be assumed to be acting simultaneously with
the wind or seismic lo~ds~
(e) Allowable Stresses- The desi_m of wood,
concrete, steel or aluminum mernber_ shell
conforrn to the requirements of the Building Code
Loads, both versicel end horizontal, ecetted on the
soil shell not produce stresses ecceeding those
specified in Chapter 29 of the Building Code
The working stresses of wire rope end its
fastenings shell not ecceed 25 percent of the
ultimate streggsh of the rope or festerien_
Working stresses for wind combined with deed
loads maybe increased es specified in the Building
Code.
Sec 3-48. constmction (e) GenereL The
suppotts for ell si_ms or si_m stmcturel shell be
placed in or upon private property end shell be
securely built, constmcted end erected in
conforrnence with the requirements of this code
(b) MeterieL-_ MeterieL- of constmction for
signs end sum stmcturel shell be of the queliry end
grade es specified for buildings in the Building
Code.
In ell sums end sum stmcturel the meterieL- end
deteiL- of constmction shell, in the absence of
specified requirements, conforrn with the
following:
L Steel shell be of such queliry es to
conforrn with U.HC. Stenderd "Materiel
Specification for stmcturel Steel."
Secondary members, when forrned
integrally with the display surface, shell
be not less then 0 02447-94 inch in
thickness- Where not forrned integrally
with the display surface, the minimum
thickness of the secondary mernber_ shell
be 0.10 inch The minimum thickness of
hot-rolled steel mernber_ famishing
structural suppott for sums shell be 1!4
inch, accept that, if galvanized, such
mernber_ shell be not less then 1!8 inch
thick Steel pipes shell be of such queliry
es to conforrn with U S C Stenderd No_
27-1. Steel mernber_ may be connected
with one galvanized bolt, provided the
connection is adequate to transfer the
stresses in the mernber__
2 Anchor end suppotts where of wood end
embedded in the soil, or within 6 inches of
the soil, shell be of ell heettwood of e
durable species or shell be pressure treated
Renular Seccinn- Sentemher fi- 1994 -Rfi
with en approved preservative. Such
member- shell be marked or branded by
en approved egenry.
(q Restrictions on Combustible MeterieL-_
Ground si_ms may be constructed of erry materiel
mewing the requirements of this code
Combination sins, roof sins, well sins,
projecting si_ms end si_ms on marquees shell be
constructed of noncombustible meterieL-, accept es
provided in Subsection (d) of this section No
combustible meterieL- other then approved plastic
shell be used in the construction of electric si_ms_
EXCEPIIONS_ 1. Roof si_ms may be
constructed of unprotected combustible
meterieL- on rooS of combustible construction
2. Roof si_ms with a mesimum surface eree of
50 square feet end a mesimum height of 5 feet
maybe constructed of combustible meterieL- on
rooS of erry type of constmction
3 Nonelectric well si_ms may be constructed
of unprotected combustible meterieL- on we1L-
permitted m be of unprotected combustible
constmction
(d) Nonstructural IYim Nonstructural trim
end potteble display surfaces may be of wood,
metal, approved plastic or erry combination
thereof
(e) Anchorage Member- suppotting unbreced
signs shell be so propottioned that the bearing
loads impmed on the soil in either direction,
horizontal or vertical, shell not ecceed the safe
values- Sreced ground si_ms shell be anchored m
resat the specified wind or seismic load acting in
erry direction Anchor end suppotts shell be
designed for safe bearing loads on the soil end for
en effective resistance m pullout amounting m e
force 25 percent grater then the required resistance
m ovettuming Anchor end suppotts shell
penetrate m e depth below ground greeter then that
of the frost line
Portable ground si_ms suppotted by frames or
posts rigidly etteched m the base shell be so
propottioned that the weight end size of the base
will be adequate m resat the wind pressure
specified in this chepter_
Sims etteched m masonry, concrete or steel
shell be safely end securely fastened therein by
means of metal enchon, bolts or approved
ecpension screws of sufficient size end anchorage
m suppott safely the loads epplietL
No wooden blocks or plug= or enchon_ with
wood used in connection with screws or neiL- shell
be considered proper anchorage, accept in the case
of si_ms etteched m wood framing
No anchor or suppott of erry si_m shell be
connected m, or suppotted by, en unbreced perepa
well, unless such well is desi_med in accordance
with the requirements for perepa we1L- specified
for seismic zones in the Building Code
(t) Display Surfaces- Display surfaces in ell
types of sums may be made of morel, Bless or
approved plastic
Glass thickness end eree limitations shell be es
set fotth in Table No_ 3-A
Sections of approved plastic on well si_ms shell
not ecceed 225 square feet in eree_
EXCEPIION_ Sections of approved plastic on
signs other then well si_ms maybe of unlimited
eree if approved by the building official.
Sections of approved plastic on well si_ms shell
be separated 3 feet leterelly end 6 feet vertically by
the required ecterior well construction
EXCEPIION_ Sections of approved plastic on
si_ms other then well si_ms may not be required
m be separated if approved by the building
official.
(g) Approved Plastic- The building official
shell require that sufficient technical date be
submitted m substantiate the proposed use of erry
plastic materiel end, if it is determined that the
evidence submitted is setisfecmry for the use
intended, the building official may approve its use
Sec. 3-49. Projection end Cleerence. (e)
GenereL Sims shell conforrn m the Cleerence end
projection requirements of this section end Table
No. 3-S.
(b) Cleerence from H-teh Voltage Power Lines_
Signs shell be located not less then 6 feet
horizontally or 12 feet vertically from overhead
electrical conducmn which ere energized in access
of 750 volts- The tam 'bverheed conducmn_" es
used in this section means erry electrical conductor,
either here or imuleted, irr_telled above the ground,
accept such conducmn es ere enclosed in iron pipe
or other materiel covering of equal stra~gth
(q Cleerence from Fire Escapes, Ecits or
Standpipes- No si_ms or si_m structure shell be
erected in such a manner that erry pottion of its
surface or suppotts will interfere in erry way with
the free use of erry fire escape, ecit or standpipe
(d) Obstruction of Opaiings_ No si_m shell
obstruct erry openings m such en ectent that I~t
or ventilation is reduced m e point below that
required by this code
Sims erected within 5 feet of en ecterior well in
which there ere openings within the eree of the
sign shell be constructed of noncombustible
materiel or approved plastic
(e) Projection over Alleys- No si_m or si_m
structure shell project inm erry public elley_
(t) Cleerence from Streets- The horizontal
Cleerence baween a si_m end the curb line shell be
not less then 2 fea_
(g) Projection end Cleerence A si_m projecting
more then two thirds of the distance from the
propary line m the curb line shell be not less then
12 feet above the grade level directly below-
A sign projecting less then two thirds of the
distance from the propary line m the curb line
shell be not less then 10 feet above the grade level
directly below.
TABLE NO. 3-A -SIZE, THICKNESS AND
TYPE OF GLASS PANELS IN SIGNS
Mecimum Size Minimum
ofEsposed Thickness Type of Glass
Glass Panel Of Glass
(In Inches)
Dimenson Area
(In Inches) (In Sq_ Inch)
30 500 1 ! 8
Plain, Plate or Wired
45 700 3 ! 1 6
Plain, Plate or Wired
144 3600 1 ! 4
Plain, Plate or Wired
Over 144 Over 3600 1 ! 4
Wired Glass
TABLE NO. 3-S - THICKNESS OF
PROTECTING SIGN
Projection Mecimum Thickness
5' 2'
4' 2'6"
3' 3'
2' 3'6"
1' 4'
-R7 Renular Seccinn- Sentemher fi- 1994
Sec 3-50. Fin Sims GenereL Fin si_ms shell
be constructed of noncombustible materiel, accept
es provided in Section 3-48_
Sec 3-51. Desk All suppotts of fin si_ms
shell be plecetl upon private property end shell be
securely built, constructed end erected m conforrn
with requirements specified in Section 3-42
Sec 3-52. Projection end Cleerence (e)
GenereL Fin si_ms may project beyond the
property or legal setback line in ecmrtlence with
the projection specified in Section 3-49 end
regWrements of the Zoning Ordinance of the Ciry
of Dubuque, Iowa.
(b) Thickness Limitation the thickness of that
portion of a fin si_m which projects over public
property shell not ecceetl the mesimum set fotth in
Table No. 3-S.
Sec 3-53. Pole Si_ms_ GenereL Pole si_ms
shell be constructed of noncombustible materiel,
accept es provided in Section 3-48_
Sec 3-54. Desk All suppotts of pole si_ms
shell be plecetl upon private property end shell be
securely built, mnstmctetl end erected m conforrn
with requirements specified in Section 3-42
Sec. 3-55. Projection end Cleerence.
Projection of pole si_ms shell conforrn m the
requirements of Section 3-49 end requirements of
the Zoning Ordinance of the Ciry of Dubuque,
Iowa.
Sec. 3-56. Ground Signs. GenereL Ground
si_ms shell be constructed of arty materiel meeting
the requirements of this code, accept es provided in
Section 3-48.
Sec 3-57. Desk Ground si_ms shell be
tlesi_metl in ecmrtlence with the requirements
specified in Section 3-42
Sec 3-58. Projection Ground si_ms shell not
project over public property end shell meet the
regWrements of the Zoning Ordinance of the Ciry
of Dubuque, Iowa.
Sec 3-59. Roof Si_ms_ GenereL Roof si_ms
shell be constructed of noncombustible meterieL-,
accept es provided in Section 3-48_
Sec 3-60. Desk Roof si_ms shell be
thoroughly secured end anchored m the frame of
the building over which they ere constructed end
erected end shell be tlesi_metl in ecmrtlence with
the requirements specified in Section 3-42
Sec. 3-61. Projection end Cleerence. (e)
Projection Roof si_ms may project over public
propary or beyond a legal setback line complying
with the requirements specified in Section 3-49
end the requirement of the Zoning Ordinance of
the Ciry of Dubuque, Iowa.
(b) Cleerence end Access- Passage clear of ell
obstructions shell be left under or around, end
immediately adjacent tq ell sins ecceeding e
height of 4 feet above the roof thereunder. Such
passages shell be not less then 3 feet wide end 4
feet high end shell be et perepa or roof level.
There shell be one such passage or access
opening es follow>
1. For each roof sign uponebuilding.
2 An access opening for every 50 lineal feet of
horizontal roofsi_m ectension
3. Within 20 feet of we1L- end perepas what
roof si_ms ere et right angles m e face of the
building.
Sec 3-62. Well Si_ms_ GenereL Well si_ms
shell be constructed of noncombustible materiel,
accept es provided in Section 3-48_
Sec 3-63. Desk Well si_ms shell be
tlesi_metl in conforrnence with the requirements
specified in Section 3-42
Sec. 3-64. Projection end Cleerence. (e)
Projection No well si_m shell have a projection
over public property or beyond a legal sabeck line
greeter then the distances specified in Section 3-49
end the requirement of the Zoning Ordinance of
the Ciry of Dubuque, Iowe_ No well si_m shell
attend above arty adjacent perepa or roof of the
ecisting builtlir~
(b) Thickness- the thickness of that pottion of
e well si_m which projects over public propery or
e legal setback line shell not ecceetl the mesimum
es set fotth in Table No_ 3-S.
Sec. 3-65. Projecting Signs. General.
Projecting sums shell be mnstmctetl of
noncombustible meterieL-, accept es specified in
Section 3-48.
Sec 3-66. Desk Projecting sums shell be
tlesi_metl in ecmrtlence with the requirements
specified in Section 3-42
Sec. 3-67. Projection end Cleerence. (e)
Projection. Signs may project over public propery
or a legal setback line a tlutence tlaerrninetl by the
Cleerence of the bottoms thereof above the level of
the sidewalk or grade immediately below, es set
fotth in Section 3-49, end the requirement of the
Zoning Ordinance ofthe Ciry of Dubuque, Iowa.
(b) Thickness- the thickness of a projecting
sign ecclusive of letter- end trim shell not ecceetl
that set fotth in Table No_ 3-S.
Sec 3-68. Combination Si_ms_ GenereL
Combination si_ms shell be constructed of
noncombustible meterieL-, accept es specified in
Section 3-48.
The individual requirements of roof, projecting
end pole si_ms shell be applied for combination
signs incoryoreting arty or ell of the requirements
specified in thu chepter_
Sec 3-69. Desk All suppotts of
combination si_ms shell be plecetl in or upon
private property end shell be securely built,
mnstrctetl end erected m conforrn with the
requirements specified in Section 3-42
Sec. 3-70. Projection end Cleerence. (e)
Projection Combination si_ms may project over
public property or beyond a legal setback line es
specified in Section 3-38 end the Zoning
Ordinance ofthe Ciry of Dubuque, Iowa.
(b) Thickness- the thickness of that pottion of
e combination si_m which projects over public
property shell not ecceetl the mecimums a fotth in
Table No. 3-S.
Sec 3-71. Marquees- GenereL Sims may be
plecetl on, attached tq or corr_tructed in e
marquee Such si_ms shell, for the puryose of
deterrnining projection, Cleerence, height end
materiel, be considered a pelt of end shell meet the
regWrements for a marquee es specified in Chapter
45 of the Building Code end the Zoning Ordinance
of the Ciry of Dubuque, Iowa.
Sec 3-72. Electric Si_ms_ GenereL Electric
si_ms shell be constructed of noncombustible
materiel, accept es provided in Section 3-48_
The enclosed shell of electric si_ms shell be
weterCteht, accept that Bernice hole; fitted with
cover- shell be provided inm each compettment of
such si_ms_
Sec 3-73. Reguletions_ (e) Instelletion
Electrical equipment used in connection with
display sums shell be installed in ecmrtlence with
the Dubuque Electrical Code.
Renular Seccinn- Sentemher fi- 1994 -RR
(b) Erector's Neme Every electric Sig,
projecting over arty street or alley or public place
shell have painted or labeled on the surface of the
sign the name of the Sig, erector end date of
erection Such name end date shell be of Sufficient
size end contrast to be readable from a reesoneble
tlutence et Beetle Failure to provide such name
end date shell be grounds for rejection of the Sig,
by the building official.
Section 2 This Ordinance shell be in effect
after its final passage, approval end publication es
required bylaw.
PeSSetl, approved end etloptetl this 6th dry of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
TAHLE NO 3-C SIGN PERMCf FEES AREA
FEE
Less then 10 square fea_
Less then 100 pounds $3 00
100 pounds or over 5 00
10-29 square fea 6 00
30-99 square fea Z00
100 square fea or over 10 00
Attachment II
Enplenetion of the Proposed Si_m Cotle
Ihu "code;' although locally rewritten, a taken
from the provuions of the Uniforrn Si_m Cotle
promuigetetl by the Atemetionel Conference of
Building OfficieL-; publisher of the Uniforrn
Building Cotle
Therefore, the proposed revision is coortlinetetl
with, end makes reference to the Uniforrn Building
Code.
This revision is needed because of the antiquity
of the ecuting Sim code found in Chapter 3,
Article III of the Cotle of Ortlinences_ lp- 140)
The Curran Sig, code was fiat etloptetl in 1961
end republuhetl unrevuerL Thu ortlinence
updated regulations to Curran StentlertlS_
L Section 3-38 "Definition-"
The definitions update references to the types of
signs end meterieL- currently in use Ihere ere
eL-o cross references to the Uniforrn Building
Code for continuity in tlesi_m end inspection
requiranans_
2 cep i-an a,.,.u~a.;,,,, Fir Permit..
Section 3-40 coincides with permit
requirements conteinetl in the Uniforrn
Building Cotle This section empower- the
building official to require plans, engineering
celculetionS end other date necessary to
tlaerrnine compliance with structural Stability
regWrements there currently ecistS no such
provision
3. Sec 3-42 "Licensine"
Subsection (q requires contrecton to provide
end maintain insurance protecting the Ciry es
well es the contractor- Ihere is currently no
such requirement end a large pottion of Sig,
instelletionS ere made in enrUor adjacent to Ciry
rights of wey_
4. Sec 3-43 "Permit Issuance"
Subsection (b) requires that eery Sig, allowed to
be erected over public right of way or public
property shell be insured to protect the Ciry_
Insurance coverage is currently optional, with
e minimum bond requirement StipuletetL
5. Sec. 3-44 Fee=
Table No_ 3-C updates the fees conteinetl in the
current provuions to more closely cover actual
espenseS incurretL Currentlg the mesimum
fee for e Sig, permit is $10 00.
6. Sec 3-45 "Meintenence"
There ere currently no requirement for
meintenence.
Z Sec 3-46 "ASnection_"
Thu section imposes specific requirements for
irr_pection of sLen aructure end meterieL-,
which ere not included in Curran provisions~
8. Sec 3-47 "Darien"
Ihu section, in addition to speHfying general
tles~m requirements, makes direct reference to
the Uniforrn Building Code for minimum
Structural requiranans_
9. Sec 3-48 "Constmction"
Section 3-48 eL-o references the Uniform
Building Cotle end specifies minimum
StrargthS of meterieL- that may be used in Sim
erection.
Restrictions on the use of combustible meterieL-
ere specifically Stetetl in relationship to the type
of signs end the use of Bless end plastic will
now be controlled.
10. Sec. 3-49 "Proiection end Cleerence"
Specific restrictions ere placed upon Sig,S
located Weer h etp voltage power line, exits,
windows end r-tghtS of wey_ Ihere
regWrementS ere not noted in the ecisting code
11. the remaining sections (50 through 72)
contain specific requirements of
Constmction, Cleerence end projection for
different types ofsi_ms_
12 Sec 3-73 "Reeuletion_"
Subsection (b) requires that every projecting
electric Sig, be labeled with the name of the
contractor end date of instelletion
13. Suildine r„ne uare.a,.e_ ,,, .Me c; a,
Code
Sec 3-38 "Definition-"
'Noncombustible" refers to Building Cotle
Stentlertl No_ 4-1; a test mahotl to tlaerrnine
the noncombustibiliry of building materiel
components end Stentlertl No_ 42-1; e test for
homing cherecteristic end development of
smoke.
"Plastic Materiel-,', Approved" references
Stentlertl No_ 42-1 (homing cherecteristic)
end Stentlertl No_ 52-2; e test for measuring
smoke density from homing plastic meterieL-_
Sec 3-47 "Darien"
Subsection (b) "Wind LoetlS" references
Chapter 23 of the Building Cotle, where Pett II
of the chapter (h_ 152), deeL- specifically with
tlesi_ming structures to resat wind forces-
Subsection (q "Seumic LoetlS" refers to
Chapter 23 of the Building Cotle, Pett III of the
chapter lp- 156) deeL- with tles~ming structures
to rent the effects of seismic geound motion;
elthou_eh we currently ere in a non-Seumic
area- (Figure No_ 23-2 on page 194) per the
code.
Subsection (e) "Allowable StreSSe '" again
refer to Chapter 23 of the Building Cotle
Section 2303(e) deeL- with stress corrections
end load combinetions_ lp- 147 of the Building
Cotle}
Sec 3-48 "Materiel-,'
Subsection (b), "MeterieL-;' regarding the use
of steel in Sig,S end Sig, Structures, refers to
Building Cotle Stentlertl No_ 27-1; e
compilation of netionelly accepted
specifications for the use of steel in structures
end Stentlertl No_ 27-9; a Stentlertl of tlesigi
-R9 Renular Seccinn. Sentemher fi. 1994
specificenons for steel stmcturel manaer_
(types not covered in No_ 27-1)_
Published officially in the Telegraph Herald
newspaper this 23rd day of September, 1994_
It 9123 Mery A Davis, Ciry Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered end voted on for passage et two
Council Meetings prior to the meeting et which it
is to be finally passed be suspendetL Seconded by
Council Member Nagle Carried by the following
vote- Yees-Mayor Duggan, Council Manaer_
Kluener, KYieg, Nagle, NchoL-on, Robbirr_,
Voaberg. -- _ -- tie.
Council Member Kluesner moved final
considerenon end passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Manaer_ Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Ciry Manager submitting en Ordinance
providing for e revised Plumbing Code, presented
end reed. Council Member Voaberg moved that
the communication be received end filed.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Manaer_ Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
An Ordinance Repealing Chapter 37 of the
Code end adopting in lieu thereof a new Chapter
37 establishing a Plumbing Code for the Ciry,
presented end reetL
(OFFICIAL PUBLICATION)
ORDINANCH NO. 48 - 94
AN ORDINANCH AMHNDING THH CITY
OF DUSUQUH CODH OF C_.-._..-..:HS SY
RHPHALING CHAPTHR 37 ADOPTING A
PLUMBING CODH AND ADOPTING IN
LIHU THHRHOF A NHW CHAPTHR 37
HSTASLISHING A PLUMBING CODH FOR
THH CITY OF DUSUQUH, IOWA,
RHGULATING THH HRHCTION,
INSTALLATION, ALTHRATION, RHPAIRS,
RHLOCATION, RHPLACHMHNT,
ADDITION TO, USH OR MAINTHNANCH
OF PLUMBING HQUIPMHNT AND
SYSTHMS WITHIN THH NRIS.......,...-
AL LA~RTS OF THH CITY OF DUSUQUH,
IOWA; PROVIDING FOR THH ISSUANCH
OF PHRMITS AND COLLHCTION OF FHHS
THHRHFOR; PROVIDING FOR THH
LIC HNSING OF PLUMBING
CONTRACTORS AND SOURNHYMHN AND
PROVIDING FOR PHNALTIHS FOR
VIO~___..-. OF SAID ORDINANCH.
NOW TI-IFREFORE, SE II ORDAINED SY
THE CIIY COUNCIL OF THE CIIY OF
DUBUQUE, IOWA:
Section 1. the Code of Ordinances of the Ciry
of Dubuque, Iowa, is hereby emended by repealing
Section 37-1 end adopting a new Section 37-1 in
lieu thereof es follow>
Sec. 37-1. Uniforrn Plumbing Code -Adopted.
Escept es hereinafter added to, delaed,
modified or emended, there is hereby adopted by
reference es the plumbing code of the Ciry that
cettein plumbing code known es the Uniform
Plumbing Code, 1991 Hdi[ion, including ell
appendices end instellenon standards es prepared
end edited by the Atemenonel Association of
Plumbing end Mechemcel OfficieL- of Walnut,
CeGfomie, end the provisions of such plumbing
code shell be controlling for the instellenon,
elteretion, repair, relocation, replacement, addition
to end use or maintenance of plumbing equipment
end systems in ell matter- covered by such
plumbing code within the coryorete limits of the
Ciry end shell be known es the "Dubuque
Plumbing Code." A copy of the Uniforrn
Plumbing Code, 1991 Edison, es adopted, shell be
on Fle in the Office of the Ciry Clerk for
inspection
Section 2 the Code of Ordinances of the Ciry
of Dubuque, Iowa is hereby emended by repealing
Section 37-2 end adopting a new Section 37-2 in
lieu thereof es follows-
Sec 37-2. Same-Amendments
The code adopted by Section 37-1 of this chapter
is emended es provided in this section
Section 201, "Administrenve Authoriry;' is
hereby emended by repealing such section end
enacting a new Section 201 in lieu thereof es
follow>
Sec 201 Administrenve Authoriry_
The Administrenve Authoriry shell be the Building
Official who is duly appointed to enforce this
Code.
Section 202, "Dunes end Power- of the
Administrenve Authoriry;' is hereby emended by
repealing such section end enacting a new section
in lieu thereof es follows-
Sec 202 Dunes end Power- of the
Administrenve Authoriry_
(e) Deputies- A accordance with prescribed
procedures end with the approval of the Ciry
manager, the building official may appoint such
number of assistants, inspector- end other
employees es shell be authorized from time to
time.
(b) R-teht of entry. Whatever it is necessary to
make en inspection to enforce the provisions of this
code, or whenever the building official or the
building officialy authorized representative has
reesoneble cease to believe that there ecists in erry
building or upon erry premises erry condition or
violations of this code which make the building or
premises unsafe, insanitary, dangerous or
hazardous, the building official or the building
officialy authorized representative may enter the
building or premises et ell reesoneble rimes to
inspect or to paforrn the dunes imposed upon the
building official by this code, provided that if such
building or premises be occupied, the building
ofFciel shell present his or her credenneL- to the
occupant end request entry- 1f such building or
premise is unoccupied,the building official shell
Frst make a reesoneble effott to locate the owner
or other person having charge or control of the
bWldine or premises end request entry- 1f entry is
refused the building official or the building
officialy authorized representative, the building
official shell have recourse to every remedy
provided by law to secure entry-
When the building official or the building
officialy authorized representative shell have fiat
obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner
or occupant or person having charge, care or
control of erry building or premises shell fell or
neglect, after proper request is made es herein
provided, to promptly permit entry therein by the
building official or the building officialy
Renular Seccinn- Sentemher fi- 1994 790
authorized representative for the puryose of
inspection end eceminenon punuent m this code
(q Authoriry m disconnect utilities in
emergasies_ The building official or the building
officials authorized representative shell have the
authority m disconnect plumbing m e building,
structure or equipment regulated by this code in
case of emagenry where necessary m eliminate en
immediate hazard m life or property.
(d) Authoriry m order disconnection of uti~ties~
The building official or the building officials
authorized representative shell have the authority
m order disconnection of arty plumbing supplied m
e building, structure or equipment regulated by
this code what the building official ascertain that
the equipment or arty pottion thereof has become
hezerdous or inenitery_ Written notice of such
order m disconnect service end the ceases therefor
shell be given within twenty-four (24) hour m the
owner end occupant of such building, structure or
premise, provided, however, that in case of
immediate danger m life or property, such
disconnection may be made immediately without
such notice The building official shell
immediately notify the saving utility in writing of
such order m disconnect-
(e) Authoriry m condemn equipment.
Whenever the building official ascertain that arty
plumbing, or pottion thereof, regulated by this
code has become hezerdous m Gfe, health,
property, or has become inenitery, the building
official shell order in writing that such plumbing
either be removed or resmred m e safe or sanitary
condition, es eppropriete The written notice itself
shell fix a time limit for compliance with such
order- No person shell use or maintain defective
plumbing after receiving such notice
When such plumbing is m be disconnected,
written notice es prescribed in section 20 2(d) shell
be given A cases of immediate danger m Gfe or
property, such disconnection may be made
immediately without such nonce
(t) Connection from order m disconnect- No
person shell make connections from arty energy,
fuel, power supply or water distribution system nor
supply energy, fuel or water m arty equipment
regulated by this code which has been disconnected
or ordered m be disconnected by the building
ofFciel or the use of which has been ordered m be
discontinued by the building official until the
building official authorizes the reconnection end
use of such equipment-
When arty plumbing is meinteined in violenon
of this code, end in violenon of arty nonce issued
punuent m the provision of this section, the
building official may inntute arty eppropriete
action m prevent, retrain, correct or abate the
violation.
(p~ Liability. The building official or
authorized representative charged with the
enforcement of this Code, acting in good faith end
without malice in the discharge of his or ha dunes,
shell not thereby be rendered liable for arty damage
that may accrue m person or property es a result
of arty act or by reason of arty act or omission in
the discharge of his or ha dunes- A suit brought
again[ the building official or authorized
representenve because of such act or omission
performed by him or ha in the atforcement of arty
provision of this Code shell be defended by legal
counel provided by this jurisdiction until final
terrninenon of such proceedings-
Section 203, "Violation end Penalties;' is
hereby emended by repealing such section end
enacting a new section in lieu thereof es follow>
Sec 20 3 Violation end Paielties_
The doing of arty act, or the omission of arty
act, declared m be unlawful by this code, or arty
code or ordinance herein adopted by reference
shell be deemed a separate offense for each end
every day or pottion thereof during which arty such
unlawful act is committed, continued or perrnitted
end upon conviction shell be punishable es
provided in Chapter 1 of the Code of Ordinences_
The penalty herein provided shell be cumulative
with end in addition m the revocation, cencelletion
or forfeiture of arty license or permit eL-ewhae in
this code provided for violation thereof
Sec 204 Plumbing Code SoertL
(e) Soerd esteblishetL A order m daerrnine the
sWtebiliry of eltemenve materiel- end mahods of
intellenon; m provide for reesoneble
intapraenon of the plumbing code, m serve es en
appeal body for the decisions of the building
ofFciel; m advise the city council on ell plumbing
regulations end procedures; end m provide for
ecemining applicants for master plumber end
joumeymen plumber- licenses end issuing master
plumber end joumeymen plumber- licenses; there
is hereby created the plumbing code board.
(b) Manbenhip_ The plumbing code board
shell consist of five (5) manber_ appointed by the
city council One mamba shell hold a license es
e journeymen plumber of et lees[ five (5) yeen
experience; two (2) manber_ shell be master
plumber who have engaged in the plumbing
business es master plumber- for et lees[ five (5)
years in this city; the foutth mamba shell be one
who holds a bachelor of science degree in the area
of physical sciences; end the fifth mamba shell
represent the public et large
(q Terrn of office. The terrn of office of ell
board manber_ shell be three (3) yeen_
(d) Rules end regulenons_ The board shell
make such rules end prescribe such procedures es
may be reasonably necessary for its operation,
accept that such rules shell include the following-
(1) Soerd cheiryenoa The cheiryenon of
the board shell be a member of the board
elected annually by a majority of the
board.
(2) secraery of the boertL The building
ofFciel, or the building ofFHels deignee,
shell be secraery of the boertL The
secraery shell arrange for meaings end
prepare end keep such minutes end
records end paforrn such other clerical
work es the board may direct-
(3) Quorum Three (3) members shell
conntute a quorum The concurring vote
of three (3) members of the board shell be
necessary m pass arty motion
(4) Service until appointment of successor-
Upon complanon of the terrn of office,
members of the plumbing code board shell
continue m serve in their full capacity
until their successor has been duly
appointed.
(5) Meaings_ The plumbing code board shell
men et lees[ once every three (3) months
upon cell of the cheiryenon, secraery or
city manager- Members of the plumbing
code board shell attend et lees[ two-thirds
(273) of ell scheduled meaings within e
twelve-month period. 1f arty member does
791 Renular Seccinn. Sentemher fi. 1994
not attend each prescribed number of
meaings, it shell mrr_ntnte geounds for
the board m recommend m the ciry
council that said manlier lie replaced
(6) Attendance. The ettendence of ell
member- shell lie entered on the minutes
by the secraery_
(7) Conforrniry with opal meaings lew_ All
meetings shell lie held in c - e
with provisions of the Iowa Opal
Meetings Lew_
(8) Minutes- The plumbing code board shell
file with the ciry council a copy of the
minutes of each meeting of the board
within tai (10) working days after such
meeting.
(9) Administrenve policies All
edministrenve, personnel, accounting,
budgetary, end procedural policies of the
ciry shell govern the plumbing code board
in ell of its operations
(10) Dunes what saving es en eppeeL- board
Any person who is aggrieved by e
decision of the building official on erry
requirements resulting from the
enforcement of the plumbing code, may
eppeel from such decision m the plumbing
code board end said board shell save es
en eppeel board. lit case the eegrieved
party is a member of said board, said
member shell be disqualified es a member
of the board acting es en eppeel board,
until the person aggrieved has heal heard
end a decision rendered
The eppeel shell be made by the person
aggrieved, giving written nonce of such eppeel
m the building official et the building officials
office within seven (7) days of receipt of
decision from which the eppeel is taken The
plumbing code board sitting es en eppeel board
shell meet within seven (7) days after receiving
such nonce end raider a decision within five
(5) days thereafter- Arty intereted perry,
including the building official, shell have the
right m preen[ their case m the eppeel board,
whose decision shell be final unless appealed m
the distract mutt es provided by lew_
The board of eppeeL- may reverse or modify e
decision of the building official only on finding
that
A. The building official incorrectly
interpreted a provision ofthis code;
b. The decision of the building official
creates en unnecessary hardship upon the
eppellent.
In so modifying or rever_irg such decision of
the building official, the board of eppeeL- may
authorize erry eltemete to the decision of the
building official end the provisions of the
plumbing code, provided it finds the proposed
materiel or method of construction is
setisfectory for the use intended end complies
with the provision of this code, end that the
materiel, method or work offered is, for the
purpose intended, et lees[ equivalent to that
precrbed by this code in suitebiliry, ara~gsh,
effecnvenes, durebiliry, sefery end senitenoa
The board of eppeeL- shell require that sufficient
evidence or proof be submitted to substennete erry
claims made regarding the use of eltanetes_
Sec 30.1, Permits, is hereby emended by
repealing such section end enacting a new section
in lieu thereof es follow>
Sec 30.1 Permits
(e) Permits required It shell be unlawful for
erry person, firrn or corporation m make erry
intellenon, elterenon, repair, replacement or
remodel erry plumbing system regulated by this
code except es permitted in subsection (b) of this
section, or cease the same m lie done without fir_t
obtaining a separate plumbing permit for each
separate building or structure
(b) Exempt work A plumbing permit shell not
lie required for the following:
(1) The clearing of stoppages or repairing of
leeks in drains, soil, waste or van pipes;
provided, however, that should erry
concealed trap, drainpipe, soil, waste or
vent pipe be removed end replaced with
new materiel, the same shell be considered
es new work end a permit shell be
procured end inspection made.
(2) The clearing of stoppages or repairing of
leeks in piping entUor valves where such
repein do not involve or require the
replacement or reerrengement of piping
entUor v~lves~
(3) The replacement of inoperable, broken or
damaged fixture, faucets or tenlc;
provided, however, that replacement iterrr_
meet the requirements of the Dubuque
Plumbing Code
Section 30.4, Fee, is hereby emended by
repealing such section end enacting a new section
in lieu thereof es follows
Sec 30 4 Fees.
(e) Permit fees- The fee for each permit shell
be es set fotth in Table No_ 20-A
(b) Plen review fees- When a plan or other date
ere required m be submitted by subsection (b) of
Sec 302, a plan review fee shell be paid The
plan review fees for plumbing work shell be es set
forth in Table No_ 20-A The plan review fees
specified in this subsection ere separate fees from
the permit fees specified in Sec 30 4(e) end ere in
eddinon m the permit fees-
(q Expiration of plan review- Application for
which no permit is issued within one hundred
e~ghry (180) days following the date of eppGcenon
shell expire by limitenon end plans end other date
submitted for review may thereafter be resumed m
the eppGcent or destroyed by the building officieL
The building official may extend the time for
action by the epplicent for a period not exceeding
one hundred e~ghry (180) days upon request by the
eppGcent showing that circumstances beyond the
control of the epplicent have prevented action from
being taken No eppGcenon shell be extended
more then once. lit order to renew action on en
eppGcenon after expiration, the eppGcent shell
resubmit plans end pay a new plan review fee
(d) Avet~genon fee; Work without e permit
(1) Investigenoa Whenever erry work for
which a permit is required by this code
has beers commenced without fiat
obtaining said permit, a special
investtgenon shell be made before e
permit may be issued for such work
(2) Fee An invetigenon fee, in eddinon to
the permit fee, shell be collected whether
or not a permit is there or subsequently
issued The investigenon fee shell be
equal to the amount of the perrnit fee that
would be required by this code if a permit
were to be issued The payment of such
investigenon fee shell not exempt erry
Renular Seccinn- Sentemher fi- 1994 797
person from compliance with ell other each person is e licensed master plumber,
provisions of this code nor from erry licensed joumeymen plumber, or
penelry prescribed by lew_ registered apprentice
(e) Inspection fees- A fee shell be peitl for (tl) Owner-occupant ecemptioa The owner-
inspections made outside of Hormel business hour- occupant of a single family dwelling, who
end for inspections for which no fees ere resides, or will reside in that single-family
specifically intlicetetL Inspection fees shell be es dwelling with no other person then the
set fotth in Table No_ 20-A member- of the immetliete family, may
(t) Fee refunds- penonelly perforrn plumbing work within
(1) The building official may authorize the that building (eccluding the building
refunding of erry fee peitl hereunder which sewer end water service pipe), without
was erroneously peitl or collectetL obtaining a master plumber's or
(2) The building official may authorize the joumeymen plumber's license, provided
refunding of not more then e[ghry (80) that the owner-occupant shell fiat apply
percent of the perrnit fee peitl when no for end obtain a perrnit from the building
work has heal done under a permit issued official for such act required by this code,
in ecmrtlence with this code end have ell such work inspected end
(3) The building official may authorize the approved by the building official end
refunding of not more then eighry (80) conforrn with ell other eppliceble
percent of the plan review fee peitl when requirement. No person qualifying for
en epplicetion for a permit for which a the owner-occupant ecemption shell be
plan review fee has heal peitl is eligible fore subsequent ecemption on
withdrawn or cencelletl before erry plan erry other structure for seven (7)yeen_
review effott has heal ecpentletL (e) Private sewer mein ecemptioa Private
The building official shell not authorize the sewer mains larger then four (4) inches in
refunding of erry fee peitl accept upon written inside tliemerer may be instelletl on the
epplicetion filed by the ortginel perrnittee not later ecterior of structures without obtaining e
then one hundred e-tehry (180) days after the date master plumber's or joumeymen plumber's
of fee payment- license; provided that plans have heal
Sec. 30.8. Licensing, Fseminetion end filed with end approved by the building
Registration of Plumbers RequiretL ofFciel; the Ciry of Dubuque Engineering
(e) DeFnitions_ As used in this section, the Services Division has epprovetl the plans
following tams shell have the definitions es end provides field inspection for the
specified hereirc project, end that the person, firrn or
(1) Apprentice shell mean erry person who mryoretion doing the work shell fir_t
does not hold a license es a joumeymen obtain a permit from the building official
plumber or master plumber end is for such ect_
assisting in the instelletion, alteration or (t) Private water mein ecemptioa Private
repair of plumbing equipment end water mains four (4) inches in inside
systems. tliemerer end larger may be instelletl on
(2) Ioumeymen plumber shell mean erry the ecterior of structures without
person having the necessary queGficetion, obtaining a master plumber's or
[reining, ecperience end technical joumeymen plumber's license; provided
knowledge m do plumbing work in that plans have hem filed with end
ecmrtlence with current plumbing epprovetl by the building official; the Ciry
ortlinences of the Ciry_ of Dubuque Water Division has epprovetl
(3) Master plumber shell mean a persorc the plans end provides field inspection for
e_ Eneegetl in the business of erecting, the project, end that the person, firrn or
installing, altering, repairing, relocating, mryoretion doing the work shell fiat
replacing, adding m or meinteining erry obtain a permit from the building official.
plumbing equipment or systems; (p~ QueGficetions - Master plumbers- A
b. Skilled in the planning, supervising end master plumber shell have a general
precticel instelletion of plumbing precticel knowledge of the puryose end
equipment end systems; method of the construction of plumbing
c Familiar with the codes, rules end work, tlemonstrete five years field
regulations governing the instelletion of ecperience in e supervisory cepeciry, be
plumbing equipment in the Ciry; end mmperent m plan end supervise the
tL Licensed under the provisions of this instelletion of plumbing end shell be
chapter. required m have knowledge of mechenicel
(b) Master plumber's license requiretL Eccept drawing end pens a setisfecmry
for the specific ecemption provided by eceminetion showing he has the above
subsection (tl) of this section, no person queGficetions end is entitled m e license
shell engage in the business of erecting, esemester plumber-
instelGng, altering, repairing, relocating, (h) QueGficetions - Ioumeymen plumbers- A
replacing, adding m or meinteining erry journeymen plumber must be able m reed
plumbing equipment or systems within the blueprints, tlo simple methemeticel
jurisdiction of the Ciry without fir_t problems, end must know the Ciry
obtaining a master plumber's license plumbing ortlinences end the rules end
(q Employment of licensed plumber- re„euletions of the local or state boards of
requiretL Master plumber- shell not health governing plumbir~ A
employ erry person m install, alter, repair, journeymen plumber shell pens en
replace, remodel, etltl m or maintain erry eceminetion showing that said
plumbing equipment or system unless journeymen plumber has the above
793 Renular Seccinn- Sentemher fi- 1994
queGficenons end is capable of
perforrning precncel plumbing end is
entitled m e license es a joumeymen
plumber.
(~ Apprentice m be registered; fee;
anployment of unregistered apprentices
prohibitetL No master plumber shell hire
or anploy or have in such master
plumber's anploy, erry epprennce m
paforrn erry plumbing work unless the
epprennce is actually in the presence of
end with a licensed plumber- Every
person who desires m paforrn the work of
en epprennce plumber shell reenter such
person's name es en epprennce with the
plumbing board et the time of entering
such anployment, end on or before the
first day of February of each year
thereafter so long es such anployment
shell continue The epprennce shell pay
en annual registration fee es set fotth in
Table No_ 20-5 with said fee being peitl
initially upon employment end annually
thereafter upon registration
No master plumber may hire or employ, or
have in such master plumber's anploy, erry
epprennce plumber who is not registered with the
plumbing board.
The epprennce plumber shell be under the
direct supervision of a duly licensed master or
journeymen plumber. The ratio of apprentice
plumber to master or joumeymen plumber- shell
not ecceetl the ratios given in Table No_ 30-8 et
any time Supervision shell mean the physical
presence of a master or joumeymen plumber on
the job site end within visual s[ght of the
epprennce who shell be ergaeetl in the same phase
of the project es the supervising p~rty~
Employment of en unregistered epprennce shell
be grounds for the suspension or revocation of the
anploying master plumber's license
O Eceminetion required; epplicetion fee;
reeceminetion upon failure of
eceminenon My person desiring to be
eceminetl for a license es a joumeymen
plumber or master plumber es tlaerrninetl
by this article, by the plumbing board,
shell make eppGcenon to the plumbing
board on blanks famished by the board,
setting fotth inforrnenon necessary to
establish such person's queGficenons es
such; end payment of en eceminetion fee
es sa fotth in Table No_ 20-5. AppGcents
will be allowed to take the precncel
pottion of the ecem only after fiat passing
the written pottion AppGcents failing the
written pottion may be reecemined after
Fnt filing en eppGcenon end paying the
fee therefor es in the fiat instance, after e
period of sicry (60) days has elepsetl from
the date of the applicants lest previous
eceminenon AppGcents passing the
written pottion, but subsequently failing
the precncel pottion, will be allowed to
reoke the precncel pottion after fiat
filing en epplicetion for reeceminetion
end paying a fee es sa fotth in Table No_
20-B, after a period of sicry (60) days has
elepsetl from the date of the applicants
lest previous eceminenon Persons
passing the precncel pottion of the
Dubuque ecem shell not be required to
take the precncel pottion in subsequent
eceminenons_ The fee for en eceminenon
shell not include the fee for the issuing of
the ininel license Eceminenon fees shell
be paid before the eceminetion, et the time
of eppGcenon; end there shell be no
refund for erry reason.
(k) Fee for license issuance AppGcents who
successfully pens en eceminenon shell pay
fees es set fotth in Table No_ 20-5 for en
ininel master plumber's license, or for en
ininel joumeymen plumber's license
(1) Renewal of Gcar_e, fee; failure m raiew_
Licenses issued under this article may be
renewed annually upon payment of
renewal fee on or before Ienuery thitty-
Frst of each year- Renewal fee shell be es
set fotth in Table No_ 20-5. The year of
license velitliry shell be entlor_etl on the
license A the even the holder of erry
such license shell fell m renew same by
the date herein provided, the licenses shell
aspire end a new license shell not be
issued until such time es the per_on has
heal reeceminetl for a new license es
provided in subsection (1) end the fee
specified in subsection (k) has heal peitl
(m) Revocenon of Gcaises_ A etltlinon to erry
other penalties, what erry holder of e
license issued under the provisions of this
code shell have hem convicted of more
then one violation of the provisions
hereof, the plumbing board may, in its
tlncraion, revoke such license,
whermpon the holder shell, on receipt of
written nonce of such revocation,
surrender such license
Section 203, "Use of Copper ILbing;' is hereby
emended by repealing such section end enacting e
new section in Gm thereof es follow>
Sec 203_ Use of Copper lLbing
(e) Copper tube for underground drainage end
vent piping shell be tanperetl copper tube Type L
or Type K.
(b) Copper tube for aboveground drainage end
vent piping shell be Type L or Type K
(q Copper tube shell not be used for chanicel
or industrial wester es defined in section 612 of
this Cotle
(tl) Copper tube for building supply piping shell
be Type K to the point of entrance to a building or
structure Water tlistribunon pipe within e
building or structure shell be Type L or Type K
Type M copper tube may be used in daeched
one- end two-family dwellings within the structure
only when piping is ebovegrountl or floor sl~b~
(e) In etltlinon to the required mHSed marking,
ell hand drawn copper tubing shell be marked by
means of a continuous end indelibly colored stripe
et lees[ one-quetter mch (64 mm) in width es
follows: Type K, green; Type L, blue; Type M,
red; Type DW V, yellow.
(t) Listed flecible water connector shell be
instelletl in ecposetl locenons_
Section 209, "Seckweter Valves;' is hereby
emended by repealing such section end enacting e
new section in Gm thereof es follows;
Sec 209_ Seckweter Velves_
Seckweter valves shell have bodies of cent iron,
tress, or other approved materiel-, non-corrosive
bearings, seats end self-eli_ming disc, end shell be
so constructed es to insure a positive mechemcel
seal end to ranein closed, accept when discharging
wastes- Such valves shell ranein sufficiently open
Renular Seccinn- Sentemher fi- 1994 794
during periods of low flows m avoid screening of
solids end shell not restrict capacities or cease
excessive turbulence during peek loads- Unless
otherwise listed, valve access cover- shell be bolted
type with gasket end each valve shell beer the
menufecturer's name cent inm body end ~ver~
Backwater valves shell be installed so that their
working pens will be accessible for service end
rep~ir~~
Section 304, "Damage m Drainage System or
Public Sewer;' is hereby emended by repealing
subsection (b) end replacing such subsection with
e new subsection in lieu thereof es follow>
Sec 304_ Damage m Drainage System or
Public Sewer.
(b) Roos, Inner marts, van shafts, l etpt we1L-
or similar areas having rein water drain, shell
dccherge m the outside of the building, m the
gutter or to a storm drainage system
the instelletion of sump pumps, sump pump
connections or greviry connections which
discharge or cease m be discharged, erry smrrn
water, surface water, groundwater, roof runoff,
subsurface drainage, interior end ecterior
foundation drains or floor drains used for
collecting smrrn water m erry senitery sewer is
specifically prohibitetL
Section 318, "Irr_pection end Ieting;' c
hereby emended by repealing such section end
electing a new section in lieu thereof es follow>
Sec 318_ Testing of Plumbing Work
(e) Inspections-
(1) Scope All new plumbing work end such
pottions of ecisting systems es may be
effected by new work, or erry changes,
shell be inspected by the building official
or a duly authorized representative es
required in section 2011 of this code
(2) Responsibiliry_ It shell be the dory of the
holder of a perrnit m make sure that the
work will stand the test prescribed before
notifying the building official that said
work is reedy for inspection
(3) Iest_ Tests shell be conducted in the
presence of the building official or a duly
authorized representative
(4) Raestir~ 1f the building official finds that
the work will not pass the required tat,
necessary corrections shell be made end
the work shell then be resubmitted for test
or inspection
(b) Testing
(1) Reporr_biliry_ the equipment, materiel
end labor necessary for inspection or tests
shell be fumched by the person m whom
the perrnit is issued or by whom inspection
is requestetL
(2) Media the piping of the plumbing,
drainage end vetting systems shell be
tested with water or eir- the building
official may require the removal of erry
cleenouts, ac, m ascertain if the presure
has reached ell pens of the system After
the plumbing fixtures have heel sa end
their [reps filled with water, they shell be
submitted m e final test-
(3) Water test- the water test shell be applied
m the drainage end van system either in
its entirety or in sections- 1f applied m the
enure system, ell openings in the piping
system shell be fteptly clmed, accept the
highest opening, end the system filled with
water m the point of ova'flow. 1f the
system c teted in sectiorr_, each opening
shell be Ctehtly plugged accept the h-[ghest
opening of the section under test, end each
section shell be filled with water, but no
section shell be tested with less then eten-
foot (3 m) heed of water- A testing
succesive sectiorr_, et lees[ the upper tai
QO) fea (3 m) of the nest preceding
section shell be tested, so that no joint or
pipe in the building (accept the upperrnost
ten (10) fea (3 m) of the system) shell
have been submitted m e test of less then
e ten-foot (3 m) heed of water. 'The water
shell be kept in the system, or in the
pottion under test, for et lees[ fifreen (15)
minutes before inspection stetts_ the
system shell that be Cteht et ell points-
(4) Air test- the air test shell be made by
attaching en air compressor testing
apparatus m erry suitable opening, end,
after closing ell other inlas end Duties m
the system, forting air inm the system
until there c e uniforrn gauge pressure of
Fve (5) pounds per square inch (34 SkPe)
or sufficient m balance a column of
mercury tai (10) inches (254 mm) in
height- the pressure shell beheld without
introduction of edditionel air for a period
of et lees[ fifreen (15) minutes.
(5) Building sewer test- the building sewer
shell be inspected end approved by the
building official before being concealed.
Neither the building official nor the ciry
shell be liable for ecpense entailed in the
removal or replacement of materiel
required m perrnit inspection
(6) Water piping. Upon complaion of e
section or of the attire hot end cold water
supply system, it shell be teted end
proved tit under a water pressure test
not less then the working pressure under
which it is m be usetL the water used for
test shell be obtained from a potable
source of supply- A fifty (50) pounds per
square inch (344 SkPe) air pressure may
be substituted for the water test- A either
method of tat, the piping shell witYr_tend
the test without leaking for a period of not
less then fifreen (15) minutes.
(7) Defective systems. An air test shell be
used in testing the senitery condition of
the drainage or plumbing system of erry
building prances what there is reason m
believe that it has become defective
(8) Moved structures- All pens of the
plumbing systems of erry building or
structure that is moved inm or within the
jurcdictionel limits of the ciry, shell be
complaely tested es prescribed eL-ewhere
in this section for new work, accept that
we1L- or floor- need not be removed for
such test what other equivalent means of
inspection eccepteble m the building
official ere provided.
(9) Lest weivetL No test or inspection shell be
required where a plumbing system, or pelt
thereof, is sa up for echibition puryoses
end has no connection with a water or
drainage system
(10) Exceptions- A cases where it would be
imprecticel m provide the aforementioned
water or eir tests, or for minor
instelletions end repair-, the building
795 Renular Seccinn- Sentemher fi- 1994
offiHel, et the building offiHelS dixre-
non, may make each inspection es the
building official deans advisable in order
m ensure the building official that the
work hen Gem paforrned in accordance
with the intent of this code
(11) Tests for shower recepmn_ Shower
recepmn shell be tested for water
rightness by filling with water m the level
of the rough thresholtL The test plug shell
be so placed that both upper end under
sides of the subpen shell be subjected m
the test et the point where it a clamped m
the tlrein.
(12) Protectively meted pipe inspection end
repair shell conforrn m Section 3181 of
IAMPMO Astelletion Standard IS 13,
listed in Table A
Section 401, "MeterieL-;' is hereby emended by
repealing such section end meeting a new section
in Gm thereof es follow>
Sec 401. MeterieL-_
(e) Drainage piping aboveground within
buildings shell be of tress pipe, nipper tube Type
L or Type K, cast-iron soil pipe, galvanized steel
pipe, lead pipe, AHS or PVC-DIW Schedule 40
plastic pipe, accept that
(1) No galvanized wrought iron or galvanized
steel pipe shell be used underground end
shell be kept et lees[ sic (6) inches (1524
mm) above ground.
(2) ASS end PVC DWV Schedule 40 piping
instelletions shell be limited m structures
not exceeding three floors above grade.
For the puryme of this subsection, the fiat
floor of a building shell be that floor that
has fifty (50) percent or more of the
ecterior well surface area level with or
above finished grade One etltlitionel
level that is the fiat level end not tlesi_metl
for human hebitetion end used only for
vehicle perking, aorage, or similar use
shell be perrnittetL
(3) No vitrified clay pipe or finings shell be
used above ground, where pressurized by
e pump or ejector, or on the interior of arty
building or stmcture
(b) Underground building drains shell be of
cent-iron soil pipe, tanperetl nipper tube Type L or
Type K, AHS or PVC-DIW Schedule 40 plastic
pipe.
(q Drainage finings shell be of cast-iron,
melleeble iron, lead, brass, nipper, AHS or PVC
Schedule 40, or other approved meterieL having e
smooth interior waterway of the same tliemaer es
the piping served end ell such fittings shell
conforrn m the type of pipe usetL
Q) Finings on screwed pipe shell be of the
recessed drainage type Surretl ends shell be
reamed to the full bore of the pipe.
(2) The [breeds of drainage finings shell be
tapped so es m allow one-foutth inch per foot
(20 9 mrrJm) grade
Section 406, "Cleenouts;' is hereby emended
by repealing such section end meeting a new
section in Gm thereof es follow>
Sec 406_ Cleenouts_
(e) Eech horizontel drainage pipe shell be
provided with a cleenout et its upper terrninel end
each run of piping, which is more then one
hundred (100) fea (304 m) in mtel developed
lengh, shell be provided with a cleenout for each
one hundred (100) feet (304 m), or fraction
thereof, in Imgh ofsuch piping
(1) Cleenouts may be omitted on a horizontel
tlrein line less then five (5) fea (15 m) in
leneth unless such line a serving sinks or
urineL-_
(2) Cleenouts may be omitted on arty
horizontel drainage pipe instelletl on e
slope of seventy-two (72) degrees or less
from the vmicel eagle (eagle of one-fifth
(1!5) bend}
(3) Eccepting the building tlrein end its
horizontel trenches, a cleenout shell not
be required on arty pipe or piping which is
above the fiat floor of the building
(4) M approved type of two-way cleenout
fitting, irr_telled imide the building well
Weer the connection bawem the building
tlrein end building sewer or instelletl
outside of a building et the lower end of e
building tlrein end estmded m grade, may
be substituted for en upper terrninel
cleenout.
(b) Eech vmicel drainage pipe which has e
double senitery tee instelletl shell be provided with
e cleenout within a distance of [bitty-sin (36)
inches above or below the centerline of the senitery
tee.
(q Eech drainage pipe penareting the lowest
floor level of arty structure shell be provided with
e cleenout locetetl not less then sic (6) nor more
then thirty (30) inches above the lowest floor IeveL
(tl) An etltlitionel cleenout shell be provided in
e horizontel line for each eegregete change of
direction exceeding one hundred end thirty-five
(135) degreas-
(e) Eech cleenout shell be instelletl so that it
opens in a direction opposite m the flow of the soil
or waste or et rtept angle therao end, accept in
the case of "wye" trench end end-of-line Cleenouts,
shell be instelletl vmicelly above the flow line of
the pipe.
(t) Eech cleenout ectension shell be considered
es drainage piping end each Winery (90) degree
cleenout ectension shell be ectentletl from e "Y"
type fitting or other approved fitting of equivalent
sweep.
(g) Eech cleenout for en intercepmr shell be
outside of such intercepmt
(h) Eech cleenout, unles irr_telled under en
approved cover plate, shell be above grade, readily
accessible, end so locetetl es m serve the puryose
for which it is intentletL Cleenouts locetetl under
cover plates shell be so instelletl es m provide the
cleerences end eccessibiliry required by this
section
(i) Eech cleenout in piping two (2) inches or
less in size shell be so instelletl that there is e
cleerence of not less then twelve (12) inches in
front of the cleenout Cleenouts in piping larger
then two (2) inches shell have a cleerence of not
less then eighteen (18) inches in front of the
cleenout Cleenouts in underfloor piping shell be
ectentletl m or above the finished floor or shell be
ectentletl outside the building when there is less
then eighteen (18) inches vmicel end thirty (30)
inches horizontel cleerence from the means of
access m such cleenout No underfloor cleenout in
any residential occupenry shell be locetetl more
then twenty (20) fea from en access door, trap
door or crawl hole.
(1) cleenout fittings shell be not less in size then
those given in Table
Renular Seccinn- Sentemher fi- 1994 -9fi
4-4.
(k) Cleenouts shell be provided for pressure
drainage systems es classified under Section
409(p~.
(1) Countersunk cleenout plug= shell be
instelletl where raised heeds may cease a hezerrL
(m) What a hubless blind plug a used for e
required cleenout, the complae coupling end plug
shell be accessible for removal or replecemint_
Section 409, "Drainage of Fictures Locetetl
Below the Nect Upstream Manhole or Below the
Mein Sewer Level;' is hereby emended by
repealing subsection (1) end replacing such
subsection with a new subsection in Gin thereof es
follow>
Sec 409_ Drainage of Fictures Locetetl Below
the Nect Upstream Manhole or Below the Mein
Sewer Level.
(1) Whin subsoil drainage systerrr_ ere imtelled,
they shell be discharged inm en epprovetl sump or
receiving tank end shell be discharged in a manner
setisfecmry m the administrative euthoriry_ The
instelletion of sump pumps or sump pump
connections, which discharge or cease m be
dixherged, erry aorrn water, surface water,
geoundweter, roof runoff, subsurface drainage,
including interior end ecterior fountletion drains,
floor drains used for collecting smrrn water,
uncontemineted cooling water, or unpolluted
induariel proces weter_, m erry sanitary sewer, is
specifically prohibitetL
Air conditioning water, drip perr_, refrigeration
water or cooling rower water may be discharged
inm a sanitary sewer if the same comes from
equipmint so tlesi_metl that the mtel rate of
discharge from the prance served on such sewer
cannot ecceetl five (5) gallons per minute
Section 503, "MeterieL-;' is hereby eminded by
repealing such section end inecting a new section
in lieu thereof es follow>
Sec 503 MeterieL-_
(e) Vint piping ebovegrountl in buildings shell
be of Gress pipe, copper pipe, copper tube, Type L
or Type K, cast-iron soil pipe, galvanized steel
pipe, lead pipe, AHS or PVC-DWV Schedule 40
plastic pipe
(1) No galvanized steel pipe shell be used
underground end shell be kept et lees[ sic
(6) inches ebovegrountL
(2) ASS end PVC DWV piping instelletions
shell be limited m structures not
ecceeding three floors above grade. For
the puryme of this subsection, the fiat
floor of a building shell be that floor that
has fifty percint or more of the ecterior
well surface area level with or above
finished grade One additional level that
is the fiat level end not tlesi_metl for
human habitation end used only for
vehicle perking, aorage, or similar use
shell be perrnittetL
(b) Vint piping underground shell be cent-iron
soil pipe, copper tube Type L or Type K, AHS or
DW V Schedule 40 plastic pipe
(c) Vint finings shell be cast-iron, galvanized
melleeble iron or galvanized steel, lead, copper,
brass, AHS or PVC Schedule 40 or other epprovetl
meterieL- accept that no galvanized melleeble iron
or galvanized steel finings shell be used
underground end shell be kept et lees[ sic (6)
inches ebovegrountL
(tl) Changes in direction of vin[ piping shell be
metle by the appropriate use of epprovetl finings
end, with the ecception of nipper tube, no each
pipe shell be strained or ban Surretl aide shell be
reamed to the full bore of the pipe.
Section 506_ "Van Terrninetion;' is hereby
emended by repealing each section end inecting e
new section in Gin thereof es follow>
Sec. 506. Vint Terrninetion.
(e) Eech van pipe or stack shell ectintl through
its fleshing end shell terrninete vertically not less
then sic (6) inches above the roof nor less then one
(1) foot from erry vertical surface
(b) Eech van shell terrninete not less then tai
Q 0) fea from, or et lees[ three (3) fea above erry
openeble window, door, opining, air intake, or
vent shaft, nor les then three (3) fea in every
direction from erry lot line; alley end strew
escepted.
(q Vint pipes shell be ectintletl separately or
combined, of full required size, not les then sic (6)
inches above the roof or fire we1L FlagpoGng of
vints is prohibited accept where the roof is used for
puryoses other then weather protection All vints
within ten (10) fea of erry pelt of the roof that is
used for such other puryoses shell ectintl not less
then Sevin (7) fea above such roof end shell be
securely steyerL
(tl) Vint pipes for outdoor instelletions shell
ectintl et lees[ tin (10) fea above the surrounding
ground end shell be securely suppottetL
(e) Ioints et the roof around vin[ pipes shell be
metle wetert~ght by the use of epprovetl fleshings
or fleshing meterieL
(t) Frost or snow closure -Where frost or snow
closure is likely m occur in locations having
minimum tlesi_m temperature below O degrees F,
vin[ terrnineL- shell be a minimum of three (3)
inches in tliemaer but in no evint smeller then the
required vin[ pipe. The change in diemaer shell
be metle inside the building et lees[ one (1) foot
below the roof end terrninete not less then tin (10)
inches above the roof, or es required by the
Administrative Authoriry_
Section 508, "Cleenouts;' is hereby added es e
new section es follow>
Sec 508_ Cleenouts_
(e) Every vin[ pipe that pinaretes the lowest
floor level shell be provided with a cleenout
locetetl not less then sic (6) nor more then thirty
(30) inches above the lowest floor IeveL
(b) Eech cleenout in piping two (2) inches or
less in size shell be so instelletl that there is e
cleerence of not less then twelve (12) inches in
front of the cleenout_ Cleenouts in piping larger
then two (2) inches shell have a cleerence of not
less then e~ghtein (18) inches in front of the
cleenout_ Cleenouts in underfloor piping shell be
ectentletl m or above the finished floor or shell be
ectentletl outside the building whin there is less
then e~ghtein (18) inches vertical end thirty (30)
inches horizontal cleerence from the means of
access m such cleenout_ No underfloor cleenout in
any resitlintiel occupenry shell be locetetl more
then twinry (20) fea from en access door, trap
door or crawl hole.
(q cleenout finings shell be not less in size
then those givin in Table
4-4.
Section 609, "Cooling Water;' is hereby
emended by repealing such section end inecting e
new section in lieu thereof es follow>
Sec. 604 Cooling Water.
The discharge of water used ecclusively es e
cooling medium in en appliance, device or
797 Renular Seccinn- Sentemher fi- 1994
epperetuS m erry Sanitary Sewer is Specifically
prohibited.
Ecception Clean running water used
exclusively es a cooling medium in en appliance,
device or epperetuS may discharge inm the
drainage System if the same comes from equipment
so desi_med that the mtel rate of discharge from the
premise served on such sewer cannot ecceed five
(5) gallons per minute
Section 1004, "Materiel-;' is hereby emended
by repealing such section end enacting a new
section in lieu thereof es follow>
Sec 1004_ M~terie~-~
(e) Building supply water piping m the point of
entrance m the building shell be made of nipper
tube Type K, or cent-iron water pipe
(b) Water distributing piping shell be of tress
pipe, nipper tube Type L or Type K, nipper pipe,
galvanized wrought iron pipe, galvanized open-
heerth pipe, galvanized steel pipe Plastic piping
for potable water distribution is prohibited unless
epprovel is givers by the plumbing board or the
edministretive euthoriry_
Type M nipper tube may be used in one- end
two-family dwellings within the structure only
where piping is ebovagound or floor Sleb_
(q All materiel- used in the water supply
system, accept valves end similar devices shell be
of a like materiel, accept where otherwise
epecificelly approved by the building official
(d) Cest-iron finings up m end including two
(2) inche (50.8 mm) in size, where used in potable
water piping, shell be gelvenizetL
(e) All melleeble iron water fittings shell be
gelvenizetL
(t) Solder shell conforrn m the requirements of
Sec 802(d}
Section 1102, "Damage m Public Sewer or
Private Sewage Disposal System;' is hereby
emended by repealing such section end enacting e
new section in lieu thereof es follow>
Sec 1102 Damage m Public Sewer_
(e) It shell be unlawful for erry peron m
deposit, by erry means whatsoever, inm erry
plumbing ficture, floor drain, intercepmr, sump,
receptacle or device which is connected m erry
drainage System, public sewer or private sewer erry
ashes, cinder-, solids, rag=, flemmeble, poisonous
or ecplosive liquids or gases, oil-, grease end erry
other thing whatsoever which would, or could
cease damage m the public sewer or private sewer-
(b) No aorm water, surface water, geound
water, roof runoff, subsurface drainage, interior or
ecterior foundation drains or floor drains used for
collecting Smrm water shell be connected m or
discharged inm erry drainage System connected m
e public or private eenitery sewer-
(c) No septic tank, seepage pit or dreinf~eld
shell be connected m erry public sewer or m erry
building sewer leading m such public sewer-
(d) No commercial food waste grinder shell be
connected m e private Sewage disposal System
unless permission has fiat beers obtained from the
edministretive euthoriry_
(e) An approved type wetert~ght sewage or
waste water holding tank, the contents of which,
due m their character, must be periodically
removed end disposed of et some approved off-site
location, shell be installed only where required by
the Administrative Authoriry or the Health Officer
m prevent anticipated surface or subsurface
conteminetion or pollution, damage m the public
sewer, or other hazardous or nuisance condition
Section 1103, "Building Sewer Materiel-;' is
hereby emended by repealing each section end
enacting a new section in lieu thereof es follow>
Sec 1103 Building Sewer Materiel-
(e) The building sewer, baginning 2' from erry
building or structure shell be of such materiel- es
approved by the edministretive euthoriry_
(b) Ioining methods end materiel- shell be es
prescribed in Chapter 8 of this code
Section 1105, "Size of Building Sewer-;' is
hereby emended by repealing such section end
enacting a new section in lieu thereof es follow>
Sec 1101 Size ofSuilding Sewer__
The minimum size of erry building sewer shell
be determined on the basis of the mtel number of
fixture units drained by such Sewer, in accordance
with Table 11-2. No building sewer shell have e
smeller diameter then four (4) inches or the size of
the building drain; whichever is l~rger~
Appendic I, Private Sewage Dispmel Systarr_,
is hereby emended by repealing such eppendi><
Section 3 Where Effective This Ordinance
shell be in effect after its final passage, epprovel
end publication es required by lew_
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Table No_ 20-A is hereby emended by
repealing such table end enacting a new table in
lieu thereof es follow>
TAHLE NO. 20-A
PLUM6ING PERMif FEES
PERMii ISSUANCE
1. For issuing each permit _____________ $1000
2 For issuing each Supplement m e permit 5 00
UNII FEE SCHEDULE (n addition m Item 1 or
2 above)
L For each plumbing ficture or trap or set of
Fcture on one trap including water, drainage
piping, venting, end beckflow protection
therefor)...... 6.00
2 For instelhng, repairing or replacing each
building, trailer or mobile home eenitery or
Smrrn sewer-
e. From Ciry mein m the property
line 10.00
b. From the property line m e building, trailer
or mobile home 10.00
3. For each drain opening in a building, trailer or
mobile home Smrrn drain __.. __.. __ 1000
4. For each cesspool - Cesspool- ere not
perrnitted.
5. For each building Smrm sewer m e buildie~ 0 00
6. For each water heater (with or without vent)9.00
Z For each industrial or commercial waste
F-_____--__ intercepmr including its trap end
vent, accepting kitchen type geeese intercepmr
functioning es
ficture [reps __.. ______.. _ 1000
8. For instelletion, alteration or repair of water
piping enfUor wetertreeting equipment, accept
building, trailer or mobile home water Bernice,
each 10.00
9. For repair or elteretion of drainage or vent
piping, each ficture 10.00
10. For each lawn Sprinkler System or erry
one meter including beckflow protection
devices therefor .10.00
1 L For atmospheric type vacuum breaker
not included A Items 1 or 10.
e. One m 5 10.00
Renular Seccinn. Sentemher fi. 1994 -9R
b. OverS each ....................... 2.00.
12. For each beckflow protective device other
then atmospheric-type
vacuum breakers ..............10.00
13. For each backwater valve .............10.00
14. For each gas piping system of one m 5
outlets .........................._1000
15. For each gas piping system of 5 or more
outlets, per outlet _____________________200
16. For each building, trailer or mobile home
water sernlce lrr_telled, replaced or
repaired:
e. From water mein m property line 10.00
b. From propery line m building, trailer or
mobile home ...10.00
c From private water supply m building,
trailer or mobile home .............10.00
OTHER INSPECTIONS
1. Inspections outside of norrnel business hour,
per hour $35.00'
(IDGnimum charge, two (2) hour)
2 Reinspection fee assessed under provisions of
Section 305(f),
per hour ....35.00'
3. Inspection for which no fee is specifically
indicated, per hour ...............35.00'
4. Plan review fee, per hour 35.00
(Minimum one hour charge end charged in one-
helf-hour incranans beyond the fiat hour; plans
which must be sett m Kenses Ciry for review will
be charged for tai (10) hour of review time)
5. Additional plan review required by changes,
additions or revisions m previously approved
plans, per hour....... .......35.00
(Minimum charge one-half hour)
' Or the mtel hourly cmt m the jurisdiction,
whichever is the gre~test-
This cost shell include supervision, overhead,
equipment, hourly wages end fringe benefits of the
employees involvetL
TAHLE NO. 20-5
Plumbing Examination, License end Registration
Fees
1. For en initial Master Plumber's
license ____... _______. __ $100 00
2. For en initial Ioumeymen Plumber's
license $ 35.00
3. For registration es en Apprentice Plumbe$ 15 00
4. For renewal of a Master Plumber's Gcens~ 50 00
5. For renewal of a Ioumeymen Plumber's
license ___________________________$2500
6. Master Plumber exeminetion fee $ 70 00
7. Ioumeymen Plumber exeminetion
fee $ 60.00
8. Reexeminetion fee for practical pottion
only $ 30.00
TAHLE NO. 20-C
Maximum number of apprentice plumber that
may be supervised by Master Plumber- or
Ioumeymen Plumber-
Number of Master or Maximum number of
Apprentice
Ioumeymen Plumber- Plumber_Supervised
1
2-3
4-5
6-7
8-9
10 - 11
6
12 - 13
7
14 - 15
8
16-17
9
18 - 19
10
These ratios may be extracted beyond those given
es lone es the propottion of supervisor- m
apprentices is ~nst~nt~
Published officially in the Telegraph Herald
newspaper this 23rd day of September, 1994_
It 9123 Mery A Davis, Ciry Clerk
Council Member Voaberg moved that the
requirement that a proposed Ordinance be
considered end voted on for passage et two
Council Meetings prior m the mewing et which it
is m be finally passed be suspendetL Seconded by
Council Member Nagle Carried by the following
vote- Yees-Mayor Doge en, Council Manber_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg Nays-None
Council Member Voaberg moved final
consideration end passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Manber_ Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Ciry Manager submitting en Ordinance
regarding Hezerdous Materiel end
Communication authorizing Mayor m execute e
28E _ e baweai the Ciry end Dubuque
County regarding Hezerdous MeterieL- Response
Teem, presented end reetL Council Member
Voaberg moved that the communication be
received end filed end approved execution by
Mayor. Seconded by Council Member Robbins.
Carried by the following vote- Yees-Mayor
Duggan, Council Manber_ Kluesner, Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Nays-None.
An Ordinance Repealing certain sections of
Chapter 33, Anide 3 of the Code of Ordinances
end adopting in Geis thereof new Sections 33-31
thm 33-39 regulating Hezerdous Waste ac,
presorted end reetL
(OFFICIAL PUBLICATION)
ORDINANCIC NO. 49-94
AN ORDINANCIC RICPICALING CHAPTICR
33, ARTICLIC 3, HAZ.9RDOU8
SUSSTANCICS SICCTION 33-31 THROUGH
SICCTION 33-34, OF THIC CITY OF
DUSUQUIC CODIC OF ORDINANCICB, AND
ADOPTING IN LIICU THICRICOF A NICW
CHAPTICR 33, ARTICLIC 3, SICCTION 33-31
THROUGH 33-39, RICGULATING AND
DICFINING HAZ.9RDOU8 WASTIC,
HAZ.9RDOU8 SUSSTANCICS AND
HAZ.9RDOU8 CONDITIONS, RICQUIRING
IHIC CLICANUP THICRICOF, PROVIDING
FOR LTASILITY FOR CLICANUP COSTS
IHICRICFOR AND RICQUITiICMICNTB FOR
NOTIFICATION OF IHIC CITY OF
HAZ.9RDOU8 C .............~, AND
PROVIDING A PICNALTY FOR THIC
VIOLATION THICRICOF.
799 Renular Seccinn- Sentemher fi- 1994
Whereas, hezertlous meterieL- ere routinely
used, scored, end trempotted in our Hry; end
Whereas, spi1L or releases of hezertlous waste
end substance require specielizetl handling,
equipment, end h-tehly [reined technicians m be
safely mit~eeted; end
Whereas, the Dubuque Fire Depettment has
been equipping end [reining a Hezertlous
MeterieL- Emergenry Response Teem; end
Whereas, these responses can become
tremendously expensive; end
Whereas, federal end state laws place the fiscal
burden of clean-up of a hezertlous materiel on the
spiller entUor owner ofthe meterieL
NOW, THEREFORE, SE IT ORDAINED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1_ Chapter 33, Atticle III of the Ciry of
Dubuque Cotle of Ordinance "Hezertlous
Substance " u repealed end the following new
Chapter 33, Atticle III is elected in lieu thereof
ARTICLE III. HAZARDOUS WASTE,
SUBSTANCES AND CONDITIONS
Section 33-31. Puryose
Thee regulations ere promulgated m eteblish
reponsibiliry for the removal end clean up of
hezertlous wete end substance within the Ciry,
end m reduce the danger m public health, sefery
end welfare from the spi1L- or releee of hezertlous
wete end substance
Section 33-32. Definitions.
For the puryose of this ortlinence, thee words
have the following meeniggs_
(e). Hezertlous Wete means a wete or
combination of waste that, because of its quentiry,
concentration, biological degredetion, leeching
from precipitation, or physical, chemical, or
infectious characteristic, he either of the
following effects
L Cause or slgnificently contribute m en
increee in motteliry or en increee in
serious or incepeciteting reversible illnes_
2 Pose a substantial preen or potential
hazard m human health or the
e-_----_------ when improperly treated,
scored, trempotted, or dispmed of, or
otherwise menagetL Hezertlous Wete
may include, but is not limited m waste
that ere msic, corrosive or flammable or
imtents, strong serr_itizen or esplmive_
Hezertlous Wete doe not include-
1_ P,enculturel waste, including manure
end crop reitlue that ere reamed m the
soil a fertilizers or soil conditioners; or
2 Source, special nuclear, or by-product
materiel e defined by the Ammic Energy
Act of 1954, a ementletL
(b} Hezertlous Substance means erry
substance or misture of substance that
preens a danger m the public health or
sefery end include, but is not limited tq
e substance that is msic, corrosive, or
flammable, or that is en irritant or that
generate presure through decomposition,
heat or other means- Hezertlous Substance
may include erry hezertlous wete
identified or listed by the etlministremr of
the United State Environmental
Protection Agenry under the Solid Wete
Disposal Act a emended by the Reource
Conservation end Recovey Act of 1976,
or erry msic pollutant listed under Section
307 of the Fetlerel Water Pollution
Control Act es emended m Ienuery 1,
1977, or erry hezertlous materiel
tlesi_metetl by the Secretary of
IYenspottetion under the Hezertlous
MeterieL- IYenspottetion Act_
(q. Hezertlous Condition means erry situation
involving the actual, imminent, or
probable spillage, leakage or release of e
hezertlous substance or hezertlous waste
onto the lend, into a water of the State, or
inm the atmosphere which creates en
immediate or potential danger m the
public health or sefery or m the
environment.
(tl} Person having control over a hezertlous
substance or hezertlous waste means e
per_on who et erry time produces, handle,
score, use, trerr_pom, refine or dispme
of a hezertlous substance or hezertlous
wete, the releee of which create e
hezertlous condition, including bailee,
carrier-, end erry other person in control of
e hezertlous substance or hezertlous wete
when a hezertlous condition occur-,
whether the person owns the hezertlous
substance or hezertlous wete or is
operating under a lease, contract, or other
agreement with the legal owner of the
hezertlous substance or hezertlous wete
(e). Clean up means actions necesery m
contain, collect, control, identify, analyze,
clean up, tree[, disper_e, remove or
dispose of a hezertlous substance or
hezertlous subst~nce~
(t} Person meerr_ individual, coryoretion,
government, government subtlivuion or
egenry, busines trust, etete, trust,
partnership or association or erry other
legal entiry_
Section 33-33. Cleanup required.
(e). Wherever a hezertlous condition is
created so that a hezertlous substance or
hezertlous wete or a constituent of the
hezertlous wete or hezertlous substance
may enter the environment or be emitted
inm the air or discharged inm erry water-,
including ground water-, the person
having control over a hezertlous substance
or hezertlous wete shell notify, or cease
m be notified, the Fire Depettment, end
shell cease the condition m be remedied
by a clean up, es soon a possible,but no
later then sis hour after the onset or
discovery of the hezertlous condition, or
sooner if deemed necesery by en
authorized officer of the Fire Depettment,
end shell remre the effected area m its
state prior m the hezertlous contlitioa the
cost of clean up, e well a ell costs of
mitigation peforrnetl by the Fire
Depettment or erry other depettment of
the Ciry of Dubuque, shell be home by the
person having control over the hezertlous
substance or hezertlous wete
(b} If the person having control over the
hezertlous substance or hezertlous wete
doe not cease the clean up m begin e
required in paragraph (e), the Chief of the
Fire Depettment or Chiefs repreentetive
may eteblish a deadline for commencing
end eccompluhing the clean up, end if the
person having control feiL- m comply
therewith, the Ciry may proceed m procure
Renular Seccinn. Sentemher fi. 1994 300
clean up services. the Ciry Council may
seek erry state or federal funds eveileble
for such clean up_
Section 33-34. Liebiliry for cleanup costs-
Ihe person having control over a hezerdous
substance or hezerdous waste shell be liable to the
Ciry for ell of the following:
(e) All dean up costs incurred by the Ciry es
e result of the failure of the person to
dean up a hezerdous substance or waste
involved in a hezerdous condition ceased
by that person;
(b) All costs incurred by the dry to evacuate
the area threatened by a hezerdous
condition ceased or permitted by the
person;
(c) All damages to the dry for Injury to,
destruction of, or loss of dry propetty,
resulting from a hezerdous condition
ceased or permitted by the person;
(d) All costs involved in the emergenry
mit~eetion of a hezerdous condition,
including, but not limited to, employee
costs, disposable equipment costs, medical
costs (nduding post-inrident physical
eceminetions for responder-), outside
contractor costs, end equipment usage
costs-
Section 33-35_ Notifications of Hazardous
Conditions-
(e) A person menufecturing, storing,
handling, trerr_potting, or dispming of e
hezerdous substance or hezerdous waste
within the limits of the dry shell notify the
Fire Depettment of the occurrence of e
hezerdous condition immediately upon
discovery of the hezerdous condition end
shell eL-o notify the proper state office in
the manner required by State law.
(b) A Ciry employee who discover- e
hezerdous condition shell immediately
notify the Fire Depettment end the Fire
Depettment shell notify the proper state
office in the manner required by State
Lew.
Section 33-36. Police Authoriry.
the Chief of Police or the Chiefs des~mee
may:
(e) Order the evacuation of persons from their
homes or other locations if necessary for their
safety, to safe areas away from the site of e
hezerdous condition, end
(b) Enforce perimeter- or other boundenes
established by the Fire Depettment et or Weer the
site of a hezerdous condition end limit access to
the site to dean-up penonneL
No person shell disobey en order of the Chief of
Police issued under this section
Section 33-37. Penelry.
AYry person violating erry provision, section, or
paragraph of this ordinance shell be guilry of e
misdemeanor, end on conviction thereof be subject
to a fine of not more then $ 10000 or be
imprisoned for not more then 30 days- Eech day e
violation ocean shell constitute a separate offense
Section 33-38. Seperebiliry ofProvisions_
It is the intern of the Ciry of Dubuque that each
section, perag'eph, sentence, deuce end provision
hereof is separable, end if erry provision is held
unconstitutional or invalid for erry reason, such
derision shell not effect the remainder of this
ordinance nor erry pelt thereof other then effected
by such decision
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of September, 1994_
It 9115 Mery A Davis, Ciry Clerk
Counril Member Voerberg moved that the
requirement that a proposed Ordinance be
considered end voted on for passage et two
Coundl Meerings prior to the meering et which it
is to be finally passed be suspendetL Seconded by
Coundl Member Robbins- Carried by the
following vote- Yees-Mayor Du_ge en, Coundl
Member- Kluesner, Krieg, Nagle, NchoL-on,
Robbins, Voerberg I- - -- tie
Council Member Voerberg moved final
consideration end passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Coundl Mernber_ Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voerberg Nays-None
City Meneger recommending approval for e
River Rescue Soet Purchase, preserved end reetL
Coundl Member Voerberg moved that the
communication be received end filed end
approved. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Duggan, Coundl Manaer_ Kluesner, Krieg,
Nagle, NchoL-on, Robblrr_, Voerberg
Nay, None.
Communication of the Ciry Manager
recommending ecceptence of Notthwest Atteriel
Water Mein Project, preserved end reetL Coundl
Member Nagle moved that the communication be
received end filed. Seconded by Council Member
Robbins- Carried by the following vote-
Yeas-Mayor Duggan, Coundl Mernber_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voerberg I _ ~e
RICSOLUTION N0.295-94
ACCICPTING IMPROVICMICNT
Whereas, the contract for the Notthwest
Arterial Water Mein Project has beers completed
end the CiryS consultant, Wellece, Holland,
Kessler, Schmitz end Co_, Dubuque, Iowa, has
recommended ecceptence of the project.
NOW THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the recommendation of the
Ciry Manager be approved end that said
improvement be accepted.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
ATTEST:
Mery A Davis, Ciry Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Coundl Member
Robbins- Carried by the following vote-
Yeas-Mayor Duggan, Coundl Mernber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voerberg Nays-None
RICSOLUTION N0.296-94
FINAL IC871MATIC
Whereas, the contract for the Notthwest
Arterial Water Mein Project has beers completed
301 Renular Seccinn. Sentemher fi. 1994
end the Ciry has submitted the final estimate
showing the cost thereof
NOW THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Ihet the cost of said improvement is
hereby determined to be $206,459 29.
Section 2 Ihet the final payment of
$10,322.96 be paid to Notthwetem Development,
Inc, in accordance with State statutes from funds
in the Water Division's FY94 CIP butlga_
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duegen, Mayor
ATTEST:
Mary A Davis, Ciry Clerk
Council Member Nagle moved adoption of the
Resolunoa Seconded by Council Member
Robbins- Carried by the following vote-
Yeas-Mayor Duggan, Council Mernber_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg. -- _ -- tie.
Communicenon of the Ciry Manager
recommending ecceptence 1993 Ii C. Paving
Project - Crescent Ridge & Sterl~ght Dr_
Reconstmcnon, presented end reetL Council
Member Krieg moved that the communication be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg. -- _ -- tie.
RHSO__ __.... N0.299-94
ACCRPTING IMPROVRMRNT
Whereas, the contract for the Crescent Ridge
end Sterl~ght Drive Reconstruction Project has
beers completed end the Ciry Manager has
ecemined the work end filed his certificate stating
that the same has beers completed according to the
tams of the contract, plans end specificenons end
recommends it ecceptence
NOW THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the recommendation of the
Ciry Manager be approved end that said
improvement be end the same is hereby ecceptetL
SE II FURTHER RESOLVED that the Ciry
Treasurer be end he is hereby directed to pay to the
contractor from the Street Construction Fund end
the Iowa Local Option Sales Tes Fund in amount
equal to the amount of his contract, les erry
retained percentage provided for therein.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Krieg moved adoption of the
Resolunoa Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Manaer_ Kluesner, Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nay, None.
RRSO__ __.... N0.298-94
FINAL R871MATR
Whereas, the contract for the Crescent Ridge
end Sterl~ght Drive Reconstruction Project has
been completed end the Ciry Engineer has
submitted his final estimate showing the cost
thereof including the cmt of enmete, nonce end
inspection end ell miscellaneous costs;
NOW THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Ihet the cost of said improvement is
hereby determined to be $1,514,706.94 end the
said amount shell be paid from the Street
Construction Fund end the Iowa Local Option
Sales Tes Fund of the Ciry of Dubuque, Iowe_
Section 2 Ihet $159,13172 of the cost
thereof shell be assessable upon private propary
end $1,355,575 22 shell be paid from the Street
Construction Fund end the Iowa Local Option
Sales Tes FuntL
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Krieg moved adoption of the
Resolunoa Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Mernber_ Kluener, Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Ney None.
RRSOLUTION N0.299-94
A RRSOLUTION ADOPTING 7HR FINAL
ASSRSSMRNT SCHRDULR FOR
CRRSCRNT RIDGR AND STARLIGHT
DRNR RHCONS__.____.... PROSRCT
INCLUDING CRRTAIN INFORMATION
RRQUIRRD SY 7HR CODA OF IOWA,
SPRCIFICALLY, 7HR NUMSRR OF
ANNUAL INSTALLMRNTS INTO WHICH
ASSRSSMRNTS ARR DIVIDRD, 7HR
INTRRRST ON ALL UNPAID
INSTALLMRNTB, 7HR 71MR WHRN 7HR
ASSRSSMRNTS ARR PAYASLR AND
DIRRCTING 7HR CLARK TO GRATIFY
THR FINAL SCHRDULR AND TO PUBLISH
NOTICR 7HRRROF.
NOW THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full considerenon of the final
schedule of assessments end eccomperrying plat
showing the assessments proposed to be made for
the construction of the Crescent Ridge end
Sterl~ght Drive Reconstruction Project under
contract with Notthwestem Development, Inc of
Iowa of Dubuque, Iowa, which final plat end
schedule were filed in the office of the Ciry Clerk
on the 31st day of August, 1994, that said schedule
of assessments be end the same is hereby approved
end adopted.
Ihet there be, end is hereby assessed end levied
es a special tes against end upon each of the lots,
the repecnve surrr_ indicetefL Provided, futther,
that the amounts shown in said final schedule of
assessments es deficiencies ere found to be proper
end levied condinonelly against the respective
properties benefitted by the improvements es
shown in the schedule, subject to the provisions of
Section 384 63, Code of Iowe_ Seid assessments
against Seid lots ere hereby declared to be in
propottion to the special benefits conferred end not
in escess of twenty-five percent of the value of
same.
Assessments of $50 00 or more ere payable in
10 equal annual installments, with interest on the
unpaid balance, ell es provided in Section 384.65,
Renular Seccinn. Sentemher fi. 1994 307
Code of Iowe- Conditional deficienry assessments,
if eng may be levied against the eppGceble
property for the same period of year- es the
assessments ere made payable
Assessments may be paid in full or in pelt
without interest et the office of the County
Treasurer, et arty time within 30 days after the date
of the fiat pubGcenon of this nonce of the filing of
the final plat end schedule of assessments with the
County IYeesuren Unless said assessments ere
paid in full within said thirty day period ell unpaid
assessments will drew annual interest computed et
9 percent (commencing on the date of ecceptence
of the work) computed to the December 1st next
following the due deter of the respective
instellments_ Eech installment will be delinquent
on September 30th following its due date on Iuly
1st in each year- Propary owner-may elect to pay
arty annual installment semiennuelly in advance
That the Ciry Clerk be end is hereby directed to
certify said schedule to the County IYeesurer of
Dubuque County, Iowe, end to publish nonce of
said cettificenon once each week for two
consecutive weeks in the manner provided in
Section 362 3, the fir_t publication of which shell
be not more then fifreen days from the date of
Fang of the final schedule The Ciry Clerk shell
eL-o said by cettified mail to propary owner-
whose propary a subject to assessment a copy of
said nonce, end mailing to be on or before the date
of the second publication of the nonce, ell es
provided end directed by Section 384.60 of the
Code of Iowe_
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mery A Davis, Ciry Clerk
CITY OF DUBUQUE, IOWA
SCHEDULE OF FINAL ASSESSMENTS
CRESCENT RIDGE AND
STARLIGHT DRIVE
P C CONCRETE PAVING PROTECT
OWNER LOT DESCRIPTION *'^'''CD
LATER at TOTAL NET ASSESSMENT
NEUMEISTER PLACE
Neumeister, Wm & Mery A &Mery Lynn Lot
1 $66268___________$4,54355
Neumeuter, Wm &Mery K
Lott $41272 __ __$3,33231
DUBUQUE HOMES
CENTER GROVE PLACE NO.2
Sergnen, Crete A & Ienue M
3 $65182 _______$2,45069
Schwendinger, Ronald & Marcell
4 000__......___$1,51993
Redloff, Steven D. & Rochelle S. Henson
5 000__... ...__$1,51993
Schluaer, David I &Mery E. Seitzel
6 0.00 ...........$1,555.31
Gentkemp, Iona A
7 $71703 _______$2,32354
Sanchez, Sem &Norme
8 000___________$1,60276
Neumelaer, Mery Lynn
9 $70615 _______$2,13550
Hooks, Delbert G_ &Lillien L
10 000 ______________$1,42026
Krug, Stella
11 $71203 ___________$2,243.81
Fan, Douglas E & Iona M
12 $71703 ___________$2,18027
Gaynor, Cerrnen V.
13 $69529__________ _$2,15268
Chatfield, Donald I_ & Urglnle
14 $71703__________ _$2,17442
Wedewer, Tory D. & Renee A.
15 000 _____________ _$1,30477
Husemen, George F_ Ir_ &Mery Ann
16 0 00 _____________ _$1,329 94
O'Meere, Timothy C.
17 $71703__________ _$2,23696
O'Meere, Timothy C.
18 0 00 _____________ _$1,503 61
Gerdemenn, Iohn W. &Mery
19 $67355__... ..._ _$2,23658
MINERAI. LOT 232
Downey, Carol E & Leonard R.
2-1-1 000 __________ _$1,34053
Fondell, Donald I & Virginia M.
2-2-2-1-1-1 000 __________ _$1,32421
Recker, Donald R.
1-2-2-1-1-1 0 00 __________ _$1,519 93
Simon, Rey I & Rite M.
2-1-2-1-1-1 0 00 $1,519 93
Clenry, Ioseph P_ & Geraldine M
1-1-2-1-1-1 0 00 __________ _$1,519 93
PoL-een, Alfred &Helen
2-1-1-1-1 000__..._____ _$1,51993
Sergnen, Roy Lee & Audrey M.
2-2-1-1-1-1-1 0 00 $1,44156
Gessmen, Iemes E & Melia A
1-2-1-1-1-1-1 0 00 $1,44156
Gessmen, Iemes E & Melia A
2-1-1-1-1-1-1 $56488 __ ._ _$2,00644
LLOYD'S SUSDMSION
Eckert, Wayne I. & Ioyce E. Steffen
13 0 00 $ 953 57
Cottrell, Dennis D_ & Cynthia L
12 0 00 $ 951 08
Hettmen, Thomas W_ & Darlene C
11 0 00 $ 926 53
Seberien, Sijen & Iona R.
10 0 00 $ 975 49
Knepper, Ioseph I. & Nenry I.
9 0 00 $ 974 87
Notthouse, Robert F_ & Iona C
8 000 __________ _ $ 96378
Rusk, Donald G_
7 000 __________ _ $ 95108
Rusk, Donald G_
6 0.00 $ 951.08
Butt, Iene F.
5 0.00 $ 951.08
Connolly, Ioseph A & Ruth R
4 0.00 $ 951.08
Hesken, Donald C & EGz C
3 0.00 $ 951.08
Zelemik, Edward I & Lloyd C. Beckett
2 0 00 __...... ___ $ 935.13
Zelemik, Edward I & Lloyd C. Beckett
1 000 __... __ $ 68011
MINERAI. LOT 232
Zelemik, Edward I.
1-1-1-1-1-1-1-1 000__... __ _$ 000
MINERAI. LOT 233
Zelemik,. Edward I.
2-1-2 0 00 $ 0 00
ERSCHINPLACE
Hemel Perking Lot Service
000__... __ $ 97470
MINERAI. LOT 233
Hemel Perking Lot Service Inc.
303 Renular Seccinn- Sentemher fi- 1994
2-3-2 000 __________ $ 2,76222
Hemel Perking Lot Service Inc.
2-2-3 000__......_ _$ 000
VALLEY VIEW HEIGHTS AT CENTER
GROVE
McDerrnott, Ches & Irate
2-1-13 000 __________ _$3,86288
IYi State Implement Co_
2-13 0 00 __________ _$1,233 75
(Includes Sanitary Letael)
Steve Sutton M &Mesine M.
1-1-1-13 6 1 9 8 5
$66268 _____ ________________ _$7,18995
McDerrnott, Ches & Irate
2-1-1-13 000 __. _______ _ $ 14428
Schroeder, Gery M &Mery I.
7 0 00 __________ _$1,665.19
Roling, Iohn I.
6 000__..______ _$1,13334
Notton, Timothy I & Leure M.
3 000 __________ _$1,22230
Ender, Lawrence & Carol
1-2-2 000 __________ _$1,24221
Ender, Lawrence & Carol
2-2-1 000__________ ______000
Engling, Anthorry I. & Dewn M.
1-2-1 0 00 __________ _$1,285 09
Engling, Anthorry I. & Dewn M.
2-2-2 000__......_ __$ 000
SURKHART PLACE
Smith, Galen C. & Anne Mee
2-2 71203________ _$5,99990
06afoe1l, Merk
1-2 $ 71203...... .$2,783.13
MINERAL LOT 290
Detumen, Io Ann a el
1 000 __________ _$1,05942
Bradley, Lehelle
1-2 $ 42360_____ $10,91453
Struh, Steven C. & Sharon A.
2-2 000__......__ _$1,55145
MINERAL LOT 289
Gremmel, Iary I.
2-1 000_______ _$2,22537
Gremmel, Iary I.
2-1-1-1-2-1-1 0 00 _______ _$4,706 85
Fluhr, Gaeld I & Merges E.
2-1-2-1-1-1 0 00 $1,908 75
Semhett, Tory S.
1-1-2-1-1-1 0 00 $1,966 44
Kleina, Charles Richertl
2-2-1-1-1 000_______ _$ 88131
Wintler_, Herold & Delores E
2-2-1-1-1-1 0 00 __..______ _$1,200 87
Sommer, Daniel I & Susan R
1-1-2-1-1-1-1 0 00 __. ______ $2,2079 31
Hinderrnen, Iohn I &Mery L.
2-1-2-1-1-1-1 0 00 __________ _$1,59205
Wel-Melt Store, Inc.
1-1-1-1-1-1 0 00 __________ _ $ 624.62
Neumeuta, William C &Mery H
2-1-1-1-1-1 0 00 __......__ _$4,465 72
MINERAL LOT 287
Neumelaa, wlltem C_ &Mery H
2 000__..._____ __$ 000
Herrig, Ronald I & Kimhaly G.
1-1-2-3 NE 1!4 SW 1!4 SEC 28
$ 77481 _____ _$4,28481
VALLEY VIEW HEIGHTS
(AT CENTER GROVE)
Steve, Sutton M &Mesine M.
11 0.00 _____________ _$1,281.18
Gehriel, Kutt A & Gertrude
10 0 00 _____________ _$1,230.18
Gehriel, Kutt A & Gertrude
9 000__________ _$1,20259
Sehl, Vincent I & Eileen G.
8 000__________ _$1,18592
Sehl, Vincent I & Eileen G.
5 0.00 .......... .$1,158.38
Kutsch, Richertl E
4 000__________ _$1,19551
Uthe, Beverly I & Thomas I
1-2 $77103 ______ _$2,25452
Sjo6ekken, Gerald M. & Ruth Ann
1-1 $77103 __..._ _$2,16470
HANSEL'S ADDITION
Hensel, Richertl V_
5 0.00 .......... .$4,893.88
Hensel, Richertl V_
4 0.00 .......... .$6,066.91
-'NO BENEFIT'
MINERAL LOT 232 1-1- 1-1-1-1-1-1
PAID SY CITY
MINERAL LOT 233 2-1-2
err t,oars~ ar59,13172
CITY OF DUBUQUE
FINAL ESTIMATE FOR CRESCENT RIDGE
& STARLIGHT DRIVE
ITEM QTY. LT7I
UNIT COST 'i07" ^^" "
1 Escevenon, Unclassified
27,470 00 C Y $ 2 50 $ 68,675 00
2 PCC Concrae Pavement Class "C" wllntGg'el
Curb
25,458 92 S Y $ 19 00 $483 719 48
3 Median, Doweled P. C. C.
5200 S Y $ 26 00 $ 1,482 00
4 Asphelnc Cement Concrae, Intenecnorr_
719 41 Ton $ 3240 $ 26,905 93
5 Asphelnc Conan Concrae, Driveways &
Fillers
268 98 Ton $ 65 00 $ 17,483 70
6 Granular Su66ese
9,154 35 Ton $ 5 75 $ 52,63251
7 3" Crushed Stone Sese
20,89857 ion $ 575 $120,16678
8 Intake, Single 101-5
29 00 Eech $1,032 00 $ 29,928 00
9 Intake, Single 104-5
2.00 Eech $1,889.00 $ 3,77500
10 15" RCCP Smrrn Sewer
335 50 LF_ $ 2225 $ 7,464 88
11 18" RCCP Smrrn Sewer
2,199 90 LF_ $ 24.35 $ 53,56257
1224" RCCP Smrrn Sewer
25510 LF_ $ 3210 $ 8,18871
13 27" RCCP Smrrn Sewer
1,455 30 LF_ $ 36 50 $ 53,118 45
14 Aprons 18" RCCP Sturm Sewer
1 00 Eech $ 556 00 $ 556 00
15 Aprons 27" RCCP Smrrn Sewer
2 00 Eech $ 48010 $ 960 20
16 Setltling Stone 1" Clean
68 95 Tons $ 6 OS $ 41715
17 Manhole Sidewe1148"Die.
55 40 LF_ $ 95 35 $ 5,282 39
18 Manhole Sese 48" Die_
5 00 Eech $ 45110 $ 2,255 50
19 Manhole Frame & Cover
4 00 Eech $ 212 50 $ 850 00
20 Sewcut Asphalt
76520 LF_ $ 150 $ 1,14280
Renular Seccinn. Sentemher fi. 1994 304
21 Sewcut Concrete
105 30 LF_ $ 225 $ 236 93
22 P C C Driveway, 6" Replace
1,458.17 S Y $ 2150 $ 31,350 66
23 P C C Driveway 6" Remove
30622 SY $ 325 $ 99522
24 P C C Sidewalk, 4" Remov e & Replace
1,07830 SF_
$ 2 05 $ 2,210 52
25 Meil Sos/Newspeper Sos Posts,
Temp Relocate & Perrn. Locate
51 00 EA $ 50 00 $ 2,550 00
26 Sell, Iopsoil (Suitable)
60 00 C Y $ 8 75 $ 525 00
27 Garbage Sin, Relocate
1 00 EA $ 150 00 $ 150 00
28 IYeffic Control
1 00 LS_ $14,455 00 $ 14,455 00
29 Removal, Concrete Curb
1,458 50 LF_ $ 2 00 $ 2,91? 00
30 Removal, Asphalt Peve
5,774 00 S Y $ 1 25 $ 7,21? 50
31 Removal, Concrete Peve.
9,083.00 SY_ $ 2.55 $ 23,161.65
32 Removal, Face
163 00 LF_ $ 210 $ 342 30
33 Removal, Railroad Tie R aeining Well
1.00 L S
$ 125 00 $ 125 00
34 Removal, Intakes
3 00 EA $ 175 50 $ 526 50
35 Pavement Markings
0 21 LS_ $ 760 00 $ 159 60
36 Adjustment ofFistures
18 00 EA $ 125 00 $ 2,250 00
37 Remove & Replace, Manhole Fra me & Cover
200 EA $ 295 00 $ 590 00
38 Prime or Ieck Coet
170 00 GAL $ 200 $ 340 00
39 Seeding, Fertilizing, Mulch
276 Acres $ 1,875 00 $ 5,175 00
40 Sodding
8334 00 S Y $ 410 $ 34,169 40
41 Class "E" Revament
45 90 Ion $ 9 75 $ 44253
42 SubdYein, Pa£ Plesnc Pipe, 6" Diemaer
11,082.60 LF_ $ 6.05 $ 67,049.73
43 Clearing & Grubbing
1.00 LS $2,550.00 $ 2,550.00
44 Hydrant Relocation
5 00 LS_ $ 825 00 $ 4,125 00
45 Water Service Lines, 3!4" Stop Sos, Cory,
Iep, Irr_te1L
1500 EA $ 245.50 $ 4,419.00
46 Water Serv.Line, M4"Pipe
628 00 LF_ $ 9 45 $ 5,934 60
47 Water Sernllne, 1 1!4" Stop Sos, Cory_ Iep,
Astellenon
1 00 EA $ 345 50 $ 345 50
48 Water Service Line, 1 1!4" Pipe
31 00 LF_ $ 19 75 $ 61225
49 Sanitary Sewer LetereL- Iep, Saddle,
Astellenon
1 00 EA $ 325 50 $ 325 50
50 Sanitary Sewer Leterel, 4" CIP
4 1 0 0
LF_ $ 15 35 $ 629 35
51 Stone Raeining Well
3865 00 S F_ $ 26 00 $ 100,490 00
52 Seckfill Limesmne
1,11842 Ions $ 455 $ 5,08881
53 Weterrnein, 16"
33280 LF_ $ 3250 $ 12,66? 50
54 Weterrnein, 6"
42 30 LF_ $ 25 60 $ 1,078 65
55 Fi[nngs
1,040 00 LBS_ $ 215 $ 2,236 00
56 Polywrep Encasement
363 30 LF_ $ 1 60 $ 581 28
57 Remove & Selvage 16" Weterrnein
243.00 L F
$ 9 50 $ 2,308 50
58 Send Bedding & Encasement
120 00 Ion $ 5 00 $ 60175
Enre Work Order-
59 Weterrnein P14g
1 00 LS_ $ 250 00 $ 250 00
60 Floweble Molter
1 00 LS_ $ 1,874 91 $ 1,874 91
61 PCC Curb & Gutter
535 50 LF_ $ 11 20 $ 5,99? 60
62 Smrm Sewer PVC Replace
1 00 LS_ $ 2,506 85 $ 2,506 85
63 IYench & Seckfill (Street L-tehts)
800.00 L F.
$ Z00 $ 5,600 00
64 intake 101-5 Special
4 00 LF_ $ 1,434 50 $ 5,738 00
65 Water Valve Sos Upper Section w2id
1.00 L F
$ 45 24 $ 45 24
66 M-4 Concree
525 CY $ 1035 $ 5435
67 Rock Escevetion
1 00 LS_ $ 435 00 $ 435 00
68 Water Stop Sos -Relocate
3 00 EA $ 125 00 $ 375 00
69 Raeining Well, Special
1.00 LS $ 3,089.00 $ 3,089.00
70 Perking Lot -Neumeuter
1 00 LS_ $ 4,73? 25 $ 4,73? 25
IOIAL DUE CONTRACTOR $1,310,22647
EASEMENTS 6,910.00
INGINEERING $197,570.47
IOIAL PROTECT COST $1,514,70694
LESS CITY SHARE ($ 785 98269)
LESS SALES TAX ($ 536,56? 22)
ASSESSABLE AMOUNT $ 192,15203
Council Member Krieg moved adoption of the
Resolunoa Seconded Try Council Manlier Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Manlier- Kluener, Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Nay, None.
Communicenon of Ciry Manager
recommending approval of final plat of Lots 14,
15, 16, 17 end Lot C of Forest Grange Subdivision
(Within 2 mile of CiryS terrimriel review limits),
presented end reetL Council Manlier Robbins
moved that the mmmunicetion lie received end
FIetL Seconded by Council Manlier Kluesner_
Carried by the following vote- Yees-Mayor
Duggan, Council Manlier- Kluener, Krieg,
Nagle, NchoL-on, Ro661rr_, Voaberg
Nay, None.
ABSOLUTION NO. 300-94
A ABSOLUTION APPROVING 'IHB FINAL
PLAT OF LOTS 14, 15, 16, 17 AND LOI C
OF FORBSI GRANGE SUBDIVISION IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the Ciry
Clerk a final plat Lots 14, 15, 16, 17 end Lot C of
Forest Grange Subdivision Dubuque County,
Iowa; end
305 Renular Seccinn. Sentemher fi. 1994
Whereas, upon said final plat appear stres(s) to
be known es Forest Meadow end Rustic Forest
'Neil; end
Whereas, the preliminary plat has been
esemined by the CirylCounry Zoning Commission
end had its epprovel endorsed thereon; end
Whereas, said final plat has heal reviewed by
the Ciry Planner end had her epprovel endorsed
thereon; end
Whereas, said final plat has heal esemined by
the City Council end they find that it conforrns to
the statute end ordinance relating to it, eecept the
drive grades have not heal estebluhed, the drive
brought to grade or paving instelletL
NOW, THEREFORE, SE IT RESOLVED SY
THE CITY COIINCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1_ Ihet the final plat of Lots 14, 15,
16, 17 end Lot C of Foret Grange Subdivision,
Dubuque County, Iowa is hereby approved end the
Mayor end Ciry Clerk ere hereby authorized end
directed to endorse the epprovel of the Ciry of
Dubuque, Iowa upon said final plat
Section 2 Ihet the Ciry Council hereby waives
Article N, Desi_m end Improvement Standards of
the Subdivision Regulenorr_, eecept for Section
42-19, provided the owners of said property herein
named esecute their written ecceptence herao
attached.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
ATTEST:
Mary A Davis, Ciry Clerk
ACCEPTANCE OF RESOLUTION
NO. 300-94
I, the unden~ened, Ieme Gentz, having reed
the tams end conditions of the Resolution No_
300-94 end being familiar with the conditions
thereof, hereby accept this same end agree to the
conditions required therein
Dated in Dubuque, Iowa this 7th day of
September, 1994.
Sy lJlemes Gentz
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Kluesner_ Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg. -- - -- tie.
City Manager advising of receipt of All-Star
Community Awards, presented end reetL Council
Member Nagle moved that the communication be
received end filed. Seconded by Council Member
NchoL-on Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg. -- - -- tie.
RHSO__ __..-. NO. 301-94
Whereas, eppGcetions for Seer Permits have
heal submitted end filed to this Council for
epprovel end the same have been esemined end
approved; end
Whereas, the premises to be occupied by such
eppGcents were inspected end found to comply
with the Ordinances of this Ciry end have filed
proper bonds.
NOW, THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ihet the Manager be authorized to cease to be
issued the following named eppGcents a Seer
Perrnit.
CLASS "S" SEER PERMCT
(SPECIAL EVEN'I)(Five-day Permit)
Dubuque leycees All lhet less
Outdoor Service 'sown Clock Pleze
CLASS "C" SEER PERMCT
the Monday Co_ Casey's General Store
4003 Peru Rd.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duegen, Mayor
Mary A Davis, Ciry Clerk
Council Member Kluesner moved adoption of
the Resolution Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robblrr_,
Voaberg Ney,-None
RICSOLUTION NO. 302-94
Whereas, eppGcetions for Liquor Licenses have
heal submitted to this Council for epprovel end the
same have been esemined end approved; end
Whereas, the premises to be occupied by such
eppGcents were inspected end found to comply
with the State Lew end ell Ciry Ordinances
relevant therao end they have filed proper bonds.
NOW, THEREFORE, SE IT RESOLVED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ihet the Manager be authorized to cease to be
issued the following named eppGcents
e Liquor License
CLASS "C" (COMMERCIAL) SEER AND
LIQUOR LICINSE
Eagle Point ASSOCietes, Inc Tollbridge lnn
2800 Rhomberg
Passed, approved end adopted thu 6th day
of September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Kluesner moved adoption of
the Resolution Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None
MINUTES SUSMCITED - Airpott
Commission of 7-12; Er____--__al Stewardship
Commission of 8-9; Five Flags Commission of 8-
15 & 8-22; Hutonc Preservation Commission of
8-11; Human Relations Conference Planning of 7-
28; Human R-tehts Commission of 7-11;
Investment Over--teht Commission's quetterly
report; Long Range Planning Commission of 8-17;
Perk & Recreation Commission of 8-9; Plumbing
Soerd of 8-9; Civic Carter's Yeer-aid repott for
Fiscal Yeer 1994, presented end reetL Council
Member Voaberg moved that the minutes be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg Nays-None
Renular Seccinn. Sentemher fi. 1994 3Ofi
NOTICES OF CLAIMSlSII1TS - Eunice
Dotter in unknown amount for penonel injures;
Mary Lou Ehlett submimng update of claim for
backed up sewer damages; Stephen Gates in
amount of $1,750 00 for vehicle damages; Luke
Great in amount of $50 00 for propery losses;
David Gregory in amount of $6,500 for vehicle
damages; Sob & Diane Hedrick in amount of
$465 00 for backed up sewer damages; Iohn
larger- in amount of $2243 00 for per_onel
propay losses; Greg Kan in amount of $141 90
for penonel injures; Ioe LuGrein in amount of
$5,000 for vehicle damages; Gery Mersey in
amount of $250 00 for property damages; Linde
Mader in unknown amount for penonel injures;
Gary Neuman in amount of $1500.00 for vehicle
damages; Ioshue Oleson in unknown amount for
property damages; Pavry Pepe in amount of
$481.19 for vehicle damages; Rose Risteu vs Ciry
of Dubuque in unknown amount for vehicle
damages end penonel injures; Robett C Roah~e
in amount of $900 00 for vehicle damages;
Tammy Smith in amount of $1,79600 for
propey damages; Ienel Smffel in amount of
$3440 for property damages; Brien SulGven in
amount of $150 00 for vehicle damages, presorted
end reed. Council Member Voaberg moved that
the claims end suits be referred m the Legal Staff
for investigeson end repott_ Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Member-
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg ] _ ~e
Coryorenon Counsel advising the following
claims have been referred m Crawford & Comperry
the dean for the Iowa Communises Assurance
Pool: Cer damage of Roger I. Gettner; Propary
damage of Katherine L. Kelly, presented end reed.
Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Coryorenon Counsel advising Clothing damage
claims of Rosene IYeutwein has been
edminutresvely closed, presorted end reetL
Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Coryorenon Counsel recommending denial of
Cer damage claim of American Family Insurance
(For Fermin C Sen Merms) Tire damage claim of
Eunice M. Semrick; Propary damage claim of
Clyde Flynn; end Cer damage claim of Steven &
Marilyn Skehill, presorted end reetL Council
Member Voaberg moved that the mmmunicetion
be received end filed end denieL approved.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Norther- Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Coryorenon Counsel recommending satlement
of following claims; Towing Charge
reimbursement of Colleen Gallery; Cer damage of
Heron Less in amount of $12905; Propary
damage of Cerl R Noel in amount of $46270,
presented end reetL Council Manlier Voaberg
moved that the mmmunicetion lie received end
filed end satlements approved with Finance
Direcmr m issue proper checks- Seconded by
Council Manlier Nagle Carried by the following
vote- Yees-Mayor Du_ge en, Council Man6ers
Kluener, Krieg, Nagle, NchoL-on, Ro667rr_,
Voaberg I _ ~e
Coryorenon Counsel advising truck damage
claim of Inter-State Builder- Supply Co_ has been
referred m Notthwestem Development Inc. of
Iowe_, presented end reetL Council Manlier
Voetberg moved that the claim lie received end
filed. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Duggan, Council Manlier- Kluener, Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Nay, None.
REFLIND REQLiESTED -Dubuque Ieycees
in amount of $3250 on unused Class "S" Seer
Permit, presented end reetL Council Member
Voetberg moved that the refund be approved end
directed Finance Direcmr m issue proper check
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Norther- Kluener, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
William & Rosemarie Shumerd advising of
problem created on West 32nd Strea by not
complaing the Notthwest Arterial, presorted end
reed. Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member- Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Carole & Tom Carroll urging m keep the
Highway 20 project on schedule, presorted end
reed. Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member- Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg I- _ -- rte
Ciry Meneger recommending approval of
Operesorc New View Purchase of Services
F~greement end authorizing ececuson, presorted
end reed. Council Member Voaberg moved that
the mmmunicetion be received end filed end
approved _ t Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Norther-
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voaberg I _ ~e
City Mendger responding m severe smrm
damages of Friday, August 19, 1994, presorted
end reed. Council Member Voaberg moved that
the mmmunicetion be received end filed.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Norther- Kluesner, Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Finance Direcmr submitting Financial Repotts
for month of Iuly, 1994, presented end reed.
307 Renular Seccinn. Sentemher fi. 1994
Council Manlier Voabag moved that the repotts
lie received end filed. Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Manlier-
Kluesna, Krieg, Nagle, NchoL-on, Robbins,
Voabag. -- _ -- tie.
Communicenon of the Ciry Menages
recommending extension of Childhood Leed
Poisoning Prevention Grant until 12731!94,
presented end reetL Council Member Voabag
moved that the communication be received end
filed. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Duggan, Council Manber_ Kluena, Krieg,
Nagle, NchoL-on, Robbirr_, Voabag
Nay, None.
RHSO__ __.... NO. 303-94
A RZSOLUTION AUTHORIZING THZ
CITY MANAGZR OR HIS DZSIGNZZ TO
SIGN A CONTRACT WITH THZ IOWA
DZPARTMZNT OF PUBLIC HZALTH FOR
CONTINUATION OF FUNDING A LOCAL
CHILDHOOD LZAD POISONING
PRZVZNTION PROGRAM.
Whereas, the Ciry of Dubuque has established
such a local childhood lead poisoning prevention
program; end
Whereas, the Iowa Depettment of Public
Health has offered to provide financial suppott for
e local childhood lead poisoning prevention
program in the Ciry of Dubuque; end
Whereas, the Ciry of Dubuque will provide
environmental end medical case management of
identified lead poisoned children in addition to
communiry outreach end education on the problem
of childhood lead poisoning
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ihet the Ciry of Dubuque, Iowa
hereby approves the attached contract baween the
Iowa Depettment of Public Health end the Ciry of
Dubuque, Iowa.
Section 2 Ihet the Ciry Menages or his
designee is hereby authorized end directed to
esecute said contract on behalf of the Ciry of
Dubuque, Iowa.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attes,
Mary A Davis, Ciry Clerk
Counnl Member Voabag moved to adopt the
Resolunoa Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Manber_ Kluena, Krieg,
Nagle, NchoL-on, Robbirr_, Voabag
Nay, None.
RZSOLUTION NO. 304-94
RZSOLUTION APPROVING THZ
AGRZZMZNT SZTWZZN THZ DUSUQUZ
HUMAN RIGHTS COMMISSION, AND
THZ IOWA CIVIL RIGHTS COMMISSION,
AND AU ...,......~tG THZ MAYOR TO
SIGN THZ AGRZZMZNT
Whereas, the Dubuque Human R-tehts
Commission end the Iowa Civil R-tehts
Commission ere attires founded for the puryose of
eliminating ducriminenon through the processing
of ducriminenon complaints; end
Whereas, the Dubuque Human R-tehts
Commission end the Iowa Civil Rights
Commission have negotiated en agreement
whereby more efficient, more effective end more
coordinated state end local civil rights atforcement
shell be provided; end
Whereas, the Dubuque Human R-tehts
Commission end the Iowa Civil R-tehts
Commission have concluded said agreement to the
satisfaction of each p~rty~
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ihet the tams of the agreement
between the Dubuque Human Rights Commission
end the Iowa Civil Rights Commission be
approved end the Mayor be authorized end
directed to si_m the agreement.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence MDuegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voabag moved adoption of
the Resolunoa Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manber_
Kluena, Krieg, Nagle, NchoL-on, Robbirr_,
Voabag Nays-None
City Manager submitting proposed League of
Iowa MunicipeGnes Legulenve Policies, presented
end reed. Council Member Voabag moved that
the communication be received end filed.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Manber_ Kluesna, Krieg, Nagle,
NchoL-on, Robbins, Voabag N. _ --
Communicenon of the Ciry Menages
recommending ecceptence of Leisure Services
Fence Pro]ect, presented end reetL Council
Member Voabag moved that the communication
be received end filed. Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
Kluena, Krieg, Nagle, NchoL-on, Robbirr_,
Voabag Nays-None
Communicenon of the Ciry Menages
recommending approval of en agreement baween
Dubuque Human R-tehts Commission end Iowa
Civil R-tehts Commission end authorize the Mayor
to si_m agreement, presented end reetL Council
Member Voabag moved that the communication
be received end filed. Seconded by Council
Member Nagle Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_
Kluesna, Krieg, Nagle, NchoL-on, Robbins,
Voabag. -- _ -- tie.
RZSOLUTION NO. 305-94
ACCZPTING IbIPROVZMZNT
Whereas, the contract for the Leisure Services
Chain Link Face Pro]ect has heal complaed end
the Ciry Manager has ecemined the work end filed
his cettificete stating that the same has heal
complaed according to the tams of the contract,
plans end specificenons end recommends it
ecceptence.
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Renular Seccinn. Sentemher fi. 1994 3OR
Section 1. 'That the recommendation of the
Ciry Manager be approved end that said
improvement be end the same is hereby ecceptetL
SE II FURTHER RESOLVED that the Ciry
Treasurer be end he is hereby directed m pay m the
contrecmr from the General Fund end the Iowa
Local Option Sales Tes Fund in amount equal m
the amount of his mntrect, less erry retained
percentage provided for therein.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolution Seconded by Council Member
Negle_ Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robblrr_,
Voaberg. -- _ -- tie.
RHSOLUTION NO. 306-94
FINAL HSTA4.9TH
Whereas, the mntrect for the Leisure Services
Chain Link Face Pro]ect has heal completed end
the Ciry Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices end inspection end ell
mucelleneous costs;
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section L Ihet the cost of said improvement u
hereby daerrnined m be $27,953 59 end the said
amount shell be paid from the General Fund end
the Iowa Local Option Sales Tes Fund of the Ciry
of Dubuque, Iowa.
Passed, approved end adopted thu 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolution Seconded by Council Member
Negle_ Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robblrr_,
Voaberg ] _ ~e
Communication of the Ciry Manager requesting
execution of Preconstmction t with
IDOT for Reconstmction of Eastbound U S_ R20
Bridge et Catfish Creek, presorted end reetL
Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member- Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
RHSOLUTION NO. 309-94
RHSOLUTION APPROVING
PRHCONS' ............. AGRHHMHNI WITH
THH IOWA DHPARTMHNI OF
TRANSPORTATION RHLATING TO THH
CONSTRUCTION OF THH U.S 20 SRIDGH
OVHR CATFISH CRHHK
Whereas, the Iowa Depettment of
Trenspottetion is developing plans for the
reconstruction of the eastbound U S_ 20 H-tehwey
bridge et Catfish Creek; end
Whereas, the Iowa Depettment of
Trenspottetion is proposing m construct said
bridge in calendar year 1995; end
Whereas, the Ciry of Dubuque approves the
terms end conditions of said Preconstmction
Agreement.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ihet Preconstmction .v___
R95-12-023 with the Iowa Depettment of
IYenspottetion relating m the reconstruction of the
eastbound US_ 20 bridge et Catfish Creek be
approved.
Section 2 Ihet the Mayor be authorized end
directed m execute two copies of the agreement.
Passed, approved end adopted this 6th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolution Seconded by Council Member
Negle_ Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_
Kluener, Krieg, Nagle, NchoL-on, Robblrr_,
Voaberg I _ ~e
Communication of the Ciry Manager requesting
execution of CDSG Agreement with HUD for
ellocetion of Disaster Relief Funds, presorted end
reed. Council Member Voaberg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Member- Kluener, Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
RHSOLUTION NO. 308-94
RHSOLUTION AU...,......~IG THH
HXHCUTION OF A CObL...,.....
DHVHLOPMHNI BLOCK GRANT
AGRHHMHNI WITH THH U.S.
DHPARTMHNI OF HOUSING AND URBAN
DHVHLOPMHNI FOR DISASTHR RHLIHF
FUNDS
Whereas, under provisions of the ellocetion of
supplemental Communiry Development Block
Grant funds for Duester Relief Funds, the Ciry of
Dubuque prepared end submitted a Final
Statement on Iuly 2Q 1994; end
Whereas, the submission has heal approved by
the Depettment of Housing end Urban
Development In the amount of $232,000; end
Whereas, a Grant Agreement covering the
activities proposed m be carried out with
Communiry Development Block Grant funds has
been tendered the Ciry of Dubuque.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the Grant Agreement,
authorized by the U.S. Depettment of Housing end
Urban Development on August 19, 1994, for e
Communiry Development Block Grant for
Disaster Relief Funds m the Ciry of Dubuque in
the amount of $232,000 is hereby ecceptetL
Section 2 Ihet the Mayor of the Ciry of
Dubuque be end he is hereby authorized end
309 Renular Seccinn. Sentemher fi. 1994
directed to esecute e Communiry Development
Block Grant Agreement itlennfietl es Grant
Frgreement 5-94-MF-19-0004 for submission to Mayor
the U.S. Depettment of Housing end Urban
Development.
Pessetl, approved end adopted thu 6th tley of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voetberg moved adoption of
the Resolunoa Seconded by Council Member
Nagle- Cerrietl by the following vote-
Yeas-Mayor Duegen, Council Manber_
Kluesner, Krieg, Nagle, NchoL-on, Robbins,
Voetberg Nays-None
Council Member Voetberg end Mayor Duegen
espressetl epprecienon for ell those involved in the
herd work of cleaning up after the storm on August Council Manber_
19th.
Attest
Ciry Clerk
There being no futther business, Council
Member Nagle moved to edjoum. Seconded by
Council Member NchoL-oa Cerrietl by the
following vote- Yees-Mayor Duggan, Council
Member- Kluesner, Krieg, Nagle, NchoL-on,
Robbins, Voetberg Nays-None Meeting
edjoumed et 9:47 p m.
Mary A Devu CMC
Ciry Clerk
Approved 1995.
Adopted .1995.
317 Renular Seccinn. Sentemher 19. 1994
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Council Met et 7:30 pm., Public Library
Auditorium
Present Mayor Duggan, Council Manber_
Krieg, Nagle, NchoL-on, Robblrr_, Voaberg,
Acting Ciry Manager Leure Centens, Coryorenon
Counsel Berry A LindehL
Absent Council Member Kluesner, Ciry
Manager Michael C Ven Mill~een
Mayor Du_ge en reed the cell end stated this is
the Regular Session of the Ciry Council celled for
the puryose to act upon such business which may
properly come before the Council.
Avocation was given by Rev_ Kenneth Helmke,
Director of Business & Finance, Wettburg
Iheologicel Seminary
PROCLAMATIONS - Week of September
18-24 es "Deaf - s Week" end Month of
October es "Deaf Awareness Month" received by
Diane Tekippe end Iim Cummings; Week of
September 18-24 es "Adult Day Cere Caner
Week" received by Kerl Kohnen; Week of
September 18-24 es "RehebiGtenon Week"
received by Nole Nederrnenn; end October 3L-t es
"'Nick Or'IYeet Night".
Counnl Member Nagle moved that the rules be
suspended to allow erryone presort to address the
Council Seconded by Council Member Robbins_
Carried by the following vote- Yees-Mayor
Du_ge en, Council Norther- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Absan-Council Manber Kluesner_
Proof of publication cettified to by the
Publisher on Nonce of Hearing on Plans end
specificenons for Kelly Lene-Asphalt Leveling
Project from Fremont Avenue to Rockdale Roed,
presented end reetL Council Member Krieg moved
that the proof of publication be received end filed.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Norther- Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Absan-Council Manber Kluesner_
RHSO__ __..-. NO. 309-94
RHSOLUTION ADOPTING PLANS AND
SPHCIFICATIONS
Whereas, on the 10th day of August, 1994,
plerr_, speHficenom, form of contract end
esnmeted cost were filed with the Ciry Clerk of
Dubuque, Iowa for the Kelly Lene - Asphalt
Leveling Project from Fremont Avenue to
Rockdale Roed.
Whereas, nonce of hearing on plans,
spenficenons, form of contract, end esnmeted cost
was published es required by lew_
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specificenons, forrn of
contract end esnmeted cost ere hereby approved es
the plans, specificenons, form of contract end
esnmeted cost for said improvements for said
project.
Passed, adopted end approved this 19th day of
September, 1994.
Terrence M. Duegen, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Krieg moved adoption of the
Resolution Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Duggan, Council Norther- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Absan-Council Manber Kluesner_
Proof of publication on Nonce to Bidder- on
Receipt of Sids for project end communication of
Ciry Meneger recommending to award contract for
project, presented end reetL Council Member
Krieg moved that the proof end communication be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absan-Council Manber Kluesner_
RHSO__ __..-. NO. 310-94
AWARDING CONTRACT
Whereas, sealed proposeL- have heal submitted
by contrecton for the Kelly Lene - Asphalt
Leveling Project from Fremont Avenue to
Rockdale Roed punuent to Resolution No_ 285-94
end nonce to bidder- published in a newspaper
published in the Ciry of Dubuque, Iowa on the
25th day of August, 1994_
Whereas, said sealed proposeL- were opened
end reed on the 8th day of September, 1994 end it
has been daerrnined that the bid of River Ciry
Paving, a Division of Methy Constmcnon of
Onalaska, Wisconsin in the amount of $41,766 60
was the lowest bid for the furnishings of ell labor
end meterieL- end paforrning the work es provided
for in the plans end specificenons_
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be
awarded to River Ciry Paving, a Division of Methy
Construction end the Meneger be end is hereby
directed to esecute a contract on behalf of the Ciry
of Dubuque for the complae paforrnence of the
work.
SE R FURTHER RESOLVED:
That upon the si_ming of said contract end the
approval of the contractor's bond, the Ciry
IYeesurer is authorized end instructed to raum the
bid deposits of the unsuccessful bidder~~
Passed, approved end adopted this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Krieg moved adoption of the
Resolution Seconded by Council Member Nagle
Carried by the following vote- Yees-Mayor
Du_ge en, Council Norther- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Absan-Council Manber Kluesner_
Renular Seccinn. Sentemher 19. 1994 31R
BOARDS AND COMMISSIONS:
AIRPORT COMMISSION
One sic-year tam to ecpire 9-14-2000 (tam of
P_ Frommelt} AppGcents Stevor I Arthur,
Geraldine Eitter, end Peul Frommelt.
Vote on the eppointmort was es follow>
Mayor Duegen voted for Frommelt. Council
Manlier Knee voted for Frommelt_ Council
Member Nagle voted for Frommelt. Council
Member NchoL-on voted for Frommelt_ Council
Member Robbins voted for Frommelt_ Council
Manlier Voeberg voted for Frommelt. 'Therefore,
Paul Frommelt reappointed to the Airpott
Commission for a sic year tam which will ecpire
9-14-2000_
INV HSTMHNT OVHRSIGHT
COMMISSION
Two 3-year tams to ecpire 7-1-97 (Isms of
Lessence & Melordez) end 2 unecpired tams
which will ecpire 7-1-95 (tams of Fowler &
Stein)- AppGcents: Paul Lessence, Hiram G_
Melendez end Gery L. Ruden.
Vote on the eppointmorts was es follow>
Mayor Duggan voted for Lessence end Melordez
Council Menber Krieg voted for Lessence end
Ruden. Council Member Nagle voted for
Lessence end Ruden Council Menber NchoL-on
voted for Lessence end Melordez Council
Menber Robbins voted for Lessence end
Melendez. Council Member Voeberg voted for
Lessence end Melordez Therefore, Peul Lessence
end Hiram G. Melendez reappointed to three year
tams which will ecpire 7-1-97.
Council Member Voeberg moved that Gery
Ruden be appointed to fill one of the unecpired
tams which will ecpire 7-1-95. Seconded by
Council Menber NchoL-oa Carried by the
following vote- Yees-Mayor Duggan, Council
Norther- Krleg, Nagle, NchoL-on, Robblrr_,
Voeberg ] _ ae Absan-Council
Menber Kluesner_
Communication of Ciry Manager requesting the
Ciry Clerk be authorized to edvmue for vacancies
on the Airyott Zoning Commission end Airyott
Zoning Soerd of Adjuomort, presorted end reetL
Council Menber Voeberg moved that the
communication be received end filed end
concurred with the rec ion. Seconded by
Council Menber Nagle Carried by the following
vote: Yeas-Mayor Duggan, Council Norther-
Krieg, Nagle, NchoL-on, Robblrr_, Voeberg
Ne ~- Absort-Council Norther
Kluesner_
Communication of Ciry Manager submitting en
Ordinance regarding underage possession of
alcohol end sale of alcohol, presorted end reetL
Council Menber Voeberg moved that the
communication be received end filed. Seconded
by Council Menber Robbins- Carried by the
following vote- Yees-Mayor Duggan, Council
Norther- Krieg, Nagle, NchoL-on, Robblrr_,
Voeberg ] ae Absan-Council
Menber Kluesner_
An Ordinance Amending Code of Ordinances
by electing new Section 5-7 ortitled "Persons
under age [worry-one" end meeting a new Section
53(5) entitled "prohblted sale end act-,',
presorted end reetL
(OFFICIAL PUBLICATION)
ORDINANCH NO. 50-94
AN ORDINANCH AMHNDING IHH CODH
OF ORDINANCHS OF IHH CITY OF
DUSUQUH, IOWA, SY DHLHIING
SHCIION 5-7, "PHRSONS UNDHR LHGAL
AGH; AGHD NINHTHHN AND IWHNTY,"
AND SUSSlll'ITI'ING A NHW SHCIION 5-7
HNIITLHD "PHRSONS UNDHR AGH
IWHNTY-ONH"; AND SY DHLHIING
SHCIION 5-3(5) HNIITLHD "PROHISITHD
SALHS AND ACTS," AND SUSSlll'ITI'ING
A NHW SHCIION 5-3(5) HNIITLHD
"PROHISITHD SALHS AND ACTS."
NOW, THEREFORE, SE IT ORDAINED SY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ihet the Code of Ordinances of the
City of Dubuque, Iowa, lie emended by deleting
Section 5-7, "Persons Under Legal Age; Aged
Nineteen And TWmry."
Section 2 Ihet the Code of Ordinances of the
City of Dubuque, Iowa, be emended by enacting e
new Section 5-7 ortitled, "Persons Under Age
IWorry-one" es follow>
Section 5-7. Per_ons Under Age lWorry-one
(e) Per_ons under the age of E--tehteen
A person shell not sell, give, or otherwise
supply alcoholic liquor, wine, or beer to arty
person knowing or having reesoneble cease to
believe that person to be under the age of
e--tehteor, end a person or per_ons under the age
of e(ghteor shell not purchase or ettanpt to
purchase or individually or jointly have
alcoholic liquor, wine, or beer in their
possession or control; accept in the case of
liquor, wine, or beer givor or duporsed to e
person under the age of e(ghteor within e
private home end with the knowledge,
presence, end consort of the perort or guardian,
or with the sLened, wrlttor corr_an of the perort
or guardian specifying the date end place for
the consumption end displayed by the person
upon demand, for beverage or medicinal
purposes or es administered to the person by
either a physician or donut for medicinal
purposes end accept to the actor[ that a person
under the age of eighteen may handle alcoholic
beverages, wine, end beer during the regular
coupe of the person's enploymort by a liquor
control Gcorsee, or wine or beer perrnittee
under this chepter_
(b) Per_ons E--tehteor, Nineeor end
Twenty.
A person shell not sell, glue, or otherwise supply
alcoholic liquor, wine, or beer to arty person
knowing or having reesoneble cease to believe that
the person is age etehteor, nlneeor, or twairy_ A
person age etehteor, nlneeor, or [worry shell not
purchase or possess elcohoGc liquor, wine, or beer.
However, a person age etehteor, nlneeor, or
[worry may possess elcohoGc liquor, wine or beer
givor to the person within a private home with the
knowledge, presorce, end consort of the person's
parent or guardian, or with the sLened, wrlttor
consort of the perort or guardian specifying the
date end place for the consumption end displayed
by the person upon danend, end a person age
eighteen, nineem, or twenty may handle alcoholic
liquor, wine, end beer during the coupe of the
person's enploymort by a liquor control Gcorsee,
or wine or beer perrnittee.
319 Renular Seccinn. Sentemher 19. 1994
Section 3. Ihet the Code of Ordinances of the
City of Dubuque, Iowa, be emended by deleting
Section 5-3(5) entitled, "Prohbited Sele And
Act, "
Section 4. Ihet the Code of Ordinances of the
City of Dubuque, Iowa, be emended by enacting e
new Section 5-3(5) entitled, "Prohbited Sele And
Act, "
Section 5-3(5) Prohibited Sales And ACts_
S Sell, give, or otherwise supply erry
alcoholic beverage, wine, or beer m erry person,
knowing or failing m ecercise reesoneble care
m ascertain whether the person is under legal
age, or permit erry person, knowing or failing m
esercise reesoneble care m exertein whether
the person is under legal age, m consume erry
alcoholic beverage, wine, or beer.
Section 3. This Ordinance shell take effect
upon publication.
Passed, approved end adopted this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Published officially in the Telegraph Herald
newspaper the 28th day of September, 1994_
It 9128 Mery A Davis, Ciry Clerk
Council Member Voerberg moved that the
requirement that a proposed Ordinance be
considered end voted on for passage et two
Council Meetings prior m the meeting et which it
is m be finally passed be suspendetL Seconded by
Council Member Robbins- Carried by the
following vote- Yees-Mayor Duggan, Council
Manaer_ Krieg, Nagle, NchoL-on, Robbirr_,
Voerberg ] ere Absan-Council
Member Kluesner_
Council Member Voerberg moved final
considerenon end passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Member- Krieg, Nagle, NchoL-on,
Robbins, Voerberg Nays-None
Absan-Council Manber Kluesner_
Whereas, the CDSG regulations eL-o require
that the entitlement recipient make the GPR
eveileble m its citizens for comment prior m
submission m HUD; end,
Whereas, the Ciry has 1) prepared a GPR for
the program year commencing
Iuly 1, 1993 end concluding Iune 3Q 1994; 2)
published nonce of eveilebiliry of the GPR in the
Du6ugue on August 3Q 1994 end in
the Telegraph Herald on August 31, 1994; 3)
made copies of the GPR eveileble for public
review et the Public Library, Ciry Hell end the
Housing Bernice Office; end, 4) held a public
hearing punuent m published nonce before the
Communiry Development Commission on
September 2, 1994; end,
Whereas, the Communiry Development
Commission has voted m approve the GPR end m
recommend Ciry Council approval.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the Grantee Perforrnence
Repott for the period commencing Iuly 1, 1993
end concluding Iune 30, 1994, e copy of which is
attached, is hereby approved for submission
Section 2 Ihet the Mayor of the Ciry of
Dubuque is hereby authorized end directed m
esecute the Grantee Perforrnence Repott on behalf
of the Ciry of Dubuque, Iowa.
Section 3 Ihet the Ciry Manager is hereby
authorized end directed m submit the Grantee
Perforrnence Repott m the U.S. Depettment of
Housing end Urban Development
Passed, approved end adopted this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mery A Davis, Ciry Clerk
Council Member Voerberg moved adoption of
the Resolution Seconded by Council Member
NchoL-on Carried by the following vote-
Yeas-Mayor Duggan, Council Manaer_ Krieg,
Nagle, NchoL-on, Voerberg Nays-None
Absan-Council Manber Kluesner_
Commumcenon of Ciry Manager submitting
Grantee Perforrnence Repott m HUD for period of
Iuly 1, 1993 m Iune 30, 1994, presented end reed.
Council Member Voerberg moved that the
communication be received end filed. Seconded
by Council Member NchoL-on Carried by the
following vote- Yees-Mayor Duggan, Council
Manaer_ Krieg, Nagle, NchoL-on, Robbirr_,
Voerberg Nays-None Absan-Council
Member Kluesner_
RZSOLUTION NO. 311-94
RZSOLUTION AUTHORIZING 7HZ
SUBMISSION OF A GRANTZZ
PZRFORMANCZ RZPORT FOR 7HZ
PZRIOD COMMZNCING NLY 1, 1993
AND CONCLUDING NNZ 3Q 1994.
Whereas, the Ciry of Dubuque, Iowa, is en
entitlement Brent recipient under the Communiry
Development Block Grant (CDSG) Program of
the U.S. Depettment of Housing end Urban
Development (fi[JD); end
Whereas, the CDSG regulations require that no
later then Winery (90) days after the complerion of
e progeem year, each entitlement reHpient must
submit a perforrnence end eveluetion repott,
Grantee Perforrnence Repott (GPR); end,
RZSOLUTION NO. 312-94
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
'That the following having complied with the
provisions of law relating m the sale of Ctgerertes
within the Ciry of Dubuque, Iowa, be granted e
permit m sell C~gerertes end Cigererte Peper_
within said Ciry_
Instant Replay Lary lLmer
1602 Carrel
K CS Amoco Kevin Kinser
1701 IFK
Passed, approved end adopted this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mery A Davis, Ciry Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
NchoL-on Carried by the following vote-
Yeas-Mayor Duggan, Council Member- Krieg,
Nagle, NchoL-on, Robbirr_, Voerberg
Nays-None Absan-Council Manger Kluesner_
RZSOLUTION NO. 313-94
Renular Seccinn. Sentemher 19. 1994 370
Whereas, eppGcenons for Seer Permits have
been submitted end filed to this Council for
epprovel end the same have been esemined end
approved; end
Whereas, the premises to be occupied by such
eppGcents were inspected end found to comply
with the Ordinances of this Ciry end have filed
proper bonds.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Ihet the Manager be authorized to cease to be
issued the following named eppGcents a Seer
Perrnit.
CLASS "C" SEER PERMCI
Mulgew Oil Co_ Asbury Festop
3300 Asbury
Family Mett, Inc Family Mett
3201 Carrel
Passed, approved end adopted this 19th day of
September, 1994.
filed. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Du_ge en, Council Manaer_ Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
Absenn-Council Manber Kluesner_
An Ordinance Amending Zoning Mep by
reclassifying propery located on South side of
North Cexede Roed by Ceder Cross Roed end
Fremont Avenue from AG Agricultural end R-1
Single Family Residennel Distract to R-2 Two-
Femily Residennel Distract, presented end reetL
Council Member Krieg moved that a Public
Hearing be held on the proposed Ordinance on the
3rd day of October, 1994 et 7:30 o'clock p m. et
the Public Library Auditorium end that the Ciry
Clerk be directed to publish nonce of the Public
Hearing in the manner prescribed by law.
Seconded by Council Member Nagle Carried by
the following vote- Yees-Mayor Duggan,
Council Norther- Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Absenn-Council Manber Kluesner_
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Robbins moved edopnon of
the Resolunoa Seconded by Council Member
NchoL-oa Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absart-Council Manber Kluesner_
RHSOLUTION NO. 314-94
Whereas, eppGcenons for Liquor Licenses have
been submitted to this Council for epprovel end the
same have been esemined end approved; end
Whereas, the premises to be occupied by such
eppGcents were inspected end found to comply
with the State Lew end ell Ciry Ordinances
relevant therao end they have filed proper bonds.
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Ihet the Manager be authorized to cease to be
issued the following named eppGcents
e Liquor License
CLASS "C" (COMMERCIAL) SEER AND
LIQUOR LICINSE
Angela Mengeno Angle's Ser
1401 Elm
IID, Inc D~eger's
660Iowe
P MS T_,INC Heppy's Piece
2323 Rockdale Rd
LeRoyA Miller Whitey's SerX
2616 Windsor
Passed, approved end adopted this 19th day
of September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Robbins moved edopnon of
the Resolunoa Seconded by Council Member
NchoL-oa Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absent-Council Manber Kluesner_
Zoning Commission advising of their epprovel
to reclassify property by Ceder Cross Roed end
Fremont Avenue from AG end R-1 Distract to R-2
Distract es requested by Marty McNemar,
presented end reetL Council Member Krieg
moved that the communication be received end
Zoning Commission advising of their epprovel
to rezone the mobile home perk et 450/480
Fremont Avenue from PR to ID Distract to allow
mule-family student housing units es requested by
Wettburg Iheologicel Seminary, presorted end
reed- Council Member Nagle moved that the
communication be received end filed. Seconded
by Council Member Voaberg Carried by the
following vote- Yees-Mayor Duggan, Council
Norther- Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None Absort-Council
Member Kluesner_
An Ordinance Amending Zoning Mep by
reclassifying propery located et 450!480 Fremont
Avenue end Pulpit Rock Lene from PR Planned
Residennel Distract to ID Asntunonel Distract end
adopting a Conceptual Development Plen, with
Conditions, presented end reetL Council Member
Nagle moved that a Public Hearing be held on the
proposed Ordinance on the 3rd day of October,
1994 et 7:30 o'clock p m. et the Public Library
Auditorium end that the Ciry Clerk be directed to
publish nonce of the Public Hearing in the manner
prescribed by law. Seconded by Council Member
Voaberg Carried by the following vote-
Yeas-Mayor Du_ge en, Council Norther- Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absent-Council Manber
Kluesner_
Zoning Commission advising of their epprovel
to emend Zoning Ordinance by emending the C-3,
C-4, C-5 end CR Distracts regarding to raeil
seleslservice, presented end reetL Council Member
Voaberg moved that the communication be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absent-Council Manber
Kluesner_
An Ordinance Amending Zoning Ordinance by
adopting a new Section 3-3.3(B) in lieu thereof
pertaining to Raeil SelesJService for the C-3
General Commercial Distract, An Ordinance
Amending Zoning Ordinance by adopting a new
Section 3-3 4(B) in lieu thereof pertaining to
Retell Sale-JService for the C-4 Downtown
Commercial Distract, An Ordinance Amending
Zoning Ordinance by adopting a new Section 3-
371 Renular Seccinn. Sentemher 19. 1994
3.5(B) in lieu thereof pertaining m Retell
SeleslService for the C-5 Business Distract, An
Ordinance Amending Zoning Ordinance by
enacting a new Section 3-3.7(B) in lieu thereof
pertaining m Raeil Sale-JService for the CR
Commercial Recreenon Distract, presorted end
reed. Council Member Voaberg moved that e
Public Hearing lie held on the proposed
Ordinances on the 3rd day of October, 1994 et
7:30 o'clock p m. et the Public Library Auditorium
end that the Ciry Clerk lie directed m publish
nonce of the Public Heenngs in the manner
prescribed by law. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Nays-None Absart-Council Manlier
Kluesner_
Communicenons of the Zoning Commission
advising of their epprovel (with mndinons) m
emend the PR Planned Residennel Distract for
Terrace Heights Mobile Home Perk Coryorenon
et 4001 Pem Roed end the mmmunicetion of
WHKS & Co_, Engineer- end Planner- for above
project, requesting mnsiderenon be given
regarding spacing of trees in this ordinance,
presented end reetL Council Member Krieg
moved that the mmmunicenons be received end
filed. Seconded by Council Member Nagle.
Carried by the following vote- Yeas-Mayor
Duggan, Council Norther- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Nays-None
Absart-Council Manlier Kluesner_
An Ordinance Amending Zoning Mep by
emending a Conceptual Development Plen for the
Terrace Heights PR Planned Residennel Distract
on Pem Roed, presented end reed. Council
Member Krieg moved that a Public Hearing be
held on the proposed Ordinance on the 3rd day of
October, 1994 et 7:30 o'clock p m. et the Public
Library Audimrium end that the Ciry Clerk be
directed m publish nonce of the Public Hearing in
the manner prescribed by law. Seconded by
Council Member Nagle Carried by the following
vote- Yeas-Mayor Duggan, Council Norther-
Krieg, Nagle, NchoL-on, Robbirr_, Voaberg
Nays-None Absart-Council Manlier
Kluesner_
Zoning Commission advising of their denial of
e test amendment m C-4 Distract, preented end
reetL Council Member Krieg moved that the
communication be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yeas-Mayor Duggan, Council
Norther- Krieg, Nagle, NchoL-on, Robbirr_,
Voaberg Nays-None Absart-Council
Member Kluesner_
An Ordinance Amending the Zoning Ordinance
by adopting a new Section 3-34(b)(5) in lieu
thereof m permit Residennel Uses on the fiat floor
in e C-4 Downmwn Commercial Distract,
presented end reetL Council Member Krieg
moved that a Public Hearing be held on the
proposed Ordinance on the 3rd day of October,
1994 et 7:30 o'clock p m. et the Public Library
Audimrium end that the Ciry Clerk be directed m
publish nonce of the Public Hearing in the manner
prescribed by law. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Norther- Krieg,
Nagle, NchoL-on, Robbins, Voaberg
Nays-None A6ean-Council Manlier Klueener_
Communicenon of the Ciry Manager
submimng documents providing for the bidding
process for Constmcnon of R[ght ILm Lene on
Northwest Arterial et Pennsylvenie Ave, presorted
end reed. Council Member Voaberg moved that
the mmmunicetion lie received end filed.
Seconded by Council Member Nagle Carried by
the following vote- Yeas-Mayor Duggan,
Council Norther- Krieg, Nagle, NchoL-on,
Robbins, Voaberg Nays-None
Absart-Council Manlier Kluesner_
RHSOLUTION NO. 315-94
PRHLA~VARY APPROVAL OF PLANS
AND SPHCIFICATIONS
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Ihet the propmed plerr_, speHficenom, forrn of
contract end esnmeted mst for the Notthwest
Arterial end Pennsylvenie Avenue R-teht ILm
Lene, in the esnmeted amount of $32,831 66, ere
hereby approved end ordered filed in the office of
the Ciry Clerk for public inspection
Passed, adopted end approved this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved adoption of
the Resolution Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Norther- Krieg,
Nagle, NchoL-on, Voaberg Nays-None
Absart-Council Manlier Kluesner_
RHSOLUTION NO. 316-94
FLYIlVG DATH OF HHARING ON PLANS
AND SPHCIFICATIONS
Whereas, the Ciry Council of the Ciry of
Dubuque, Iowa has given its preliminary epprovel
on the proposed plans, specificenons, end forrn of
mntrect end placed same on file in the office of the
City Clerk for public inspection of the Notthwest
Arterial end Pennsylvenie Avenue R-teht ILm
Lane.
NOW THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
That on the 3rd day of October, 1994, a public
hearing will be held et 7:30 p m. in the Public
Library Audimrium et which time interested
persons may eppeer end be heard for or against the
proposed plans end specificenons, forrn of mntrect
end cost of said improvement, end the Ciry Clerk
be end is hereby directed m cease a nonce of time
end place of such hearing m be published in e
newspaper having general circulenon in the Ciry of
Dubuque, Iowa, which nonce shell be not les then
four days nor more then twenty days prior m the
day Fsed for its mnsiderenon At the hearing, arty
interested per_on may eppeer end file objections m
the proposed plans, specificenons, mntrect, or
esnmeted mst of the improvement.
Passed, adopted end approved this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Renular Seccinn. Sentemher 19. 1994 377
Council Member Voaberg moved edoption of
the Resolunoa Seconded by Council Manlier
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Member- Knee,
Nagle, NchoL-on, Robbirr_, Voaberg
Ne ~- Alison-Council Manlier
Kluesner_
RHSOLUTION NO. 319-94
ORDHRING SIDS
NOW THEREFORE, SE R RESOLVED SY
THE COUNCII. OF THE CITY OF DUBUQUE,
IOWA:
That the Notthwest Atteriel end Pennsylvenie
Avenue Right 'ILm Lene is hereby ordered to lie
edvettued for bids for constmcnoa
SE R FURTHER RESOLVED, that the
amount of the securiry to eccomperry each bid shell
lie in en amount which shell conforrn to the
provisions of the nonce to bidden hereby approved
es a pelt of the plans end specificenons heraofore
adopted.
That the Ciry Clerk is hereby directed to
advertise for bids for the constmcnon of the
improvements herein provided, to lie published in
e newspaper having general circulenon in the Ciry
of Dubuque, Iowa, which nonce shell not lie les
then four days nor more then twenty days prior to
the receipt of said bids et 2 00 p-m on the 28th
day of September, 1994_ Sids shell be opened end
reed by the Ciry Clerk et said time end will be
submitted to the Council for final action et 230
p m. on the 3rd day of October, 1994.
Passed, adopted end approved this 19th day of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, Ciry Clerk
Council Member Voaberg moved edoption of
the Resolunoa Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Du_ge en, Council Manber_ Krieg,
Nagle, NchoL-on, Robblrr_, Voaberg
Nays-None Absart-Council Manlier
Kluesner_
Ciry Meneger recommending a hearing to be
set on October 3rd regarding the imposing of e
civil penalty assessment in the amount of $300
against IOCO Speede Shoppe located et 1481
Dodge Strea, presorted end reed Council
Member Nagle moved that the communication be
received end filed end approved with Hearing Dete
sa for 10!3!94 et 230 p-m in the Public Library
Auditorium. Seconded by Council Member
Voaberg Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_ Krieg,
Nagle, NchoL-on, Robblrr_, Voaberg
Nays-None Absart-Council Manlier Kluesner_
._. SUBMCITED - Historic
Preservenon~ Commission of 8-25; Housing
Commission IYust Fund Committee of 9-1;
Library Soerd of IYuoees of 8-25; Zoning
Commission of 9-7, presorted end reed Council
Member Voaberg moved that the minutes be
received end filed. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Manber_ Krieg,
Nagle, NchoL-on, Robblrr_, Voaberg
Nays-None Absart-Council Manlier
Kluesner_
NOTICES OF CLAIMSlSUIIS - Clyde
Flehary, in amount of $150.00 for propary
damage; Thomas Kelleher, Sr_, in amount of
$1,759 00 for vehicle damages; Thomas V_ Kelly
in unknown amount for vehicle damages; LeeAnn
LuGrein in amount of $373 00 for vehicle
damages; Iohn Reudorf in amount of $24246 for
vehicles damages, presented end reed Council
Member Voaberg moved that the claims end suits
lie referred to the Leeel Staff for investigenon end
report. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Du_ge en, Council Manlier- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
Alison-Council Manlier Kluesner_
Coryorenon Counsel recommending denial of
following claims Cer damage of Linde L
Sutteris; Cer damage of Pavry Pepe, preented
end reed. Council Member Voaberg moved that
the communications lie received end filed end
denials approved. Seconded by Council Member
Nagle- Carried by the following vote-
Yeas-Mayor Duggan, Council Members Krieg,
Nagle, NchoL-on, Ro667rr_, Voaberg
Nays-None Alison-Council Manlier
Kluesner_
Coryorenon Counsel recommending satlement
of following claims: Property damage of Gery L.
Mersey in amount of $250 00; Propery damage of
Ienel Stoffel in the amount of $34 4Q presorted
end reed. Council Member Voaberg moved that
the communications be received end filed end
settlements approved end directing the Finance
Director to issue proper checks Seconded by
Council Member Nagle Carried by the following
vote- Yees-Mayor Duggan, Council Monbers
Krieg, Nagle, NchoL-on, Robbins, Voaberg
Nays-None Absort-Council Monber
Kluesner_
Coryorenon Counsel advising the following
claims have heal referred to Crawford &
Comperry, the agent for the Iowa Communise
Assurance PooC Per_onel injury of Mery I
Clement Penonel injury of Eunice Dotter; Cer
damage of Stephen I Gates; Cer damage of David
Gregory; Sewer backup of Sob & Diane Hedrick;
Property loss of Phyllis & Iohn Iunger_; Penonel
injury of Greg Kem; Cer damage of Toe LuGrein;
Personal injury of Linde L Mader; Cer damage of
Gery M Neuman; Cer damage of Ioshue Oleson;
Cer damage of Robett C Roah~e; Propery
damage of Tammy Smith, presorted end reed
Council Member Voaberg moved that the
communications be received end filed. Seconded
by Council Member Nagle Carried by the
following vote- Yees-Mayor Duggan, Council
Manber_ Krieg, Nagle, NchoL-on, Robbins,
Voaberg Neys-None Absart-Council
Member Kluesner_
REFUNDS REQUESTED - Elbo, Inc. dM./e
Dr_ SS Billiards, $21125 on unecpired Liquor
License, presorted end reed Council Member
Voetberg moved that the refunds be approved
approved end Finance Director to issue proper
check. Seconded by Council Member Nagle.
Carried by the following vote- Yees-Mayor
Duggan, Council Norther- Krieg, Nagle,
NchoL-on, Robbins, Voaberg Neys-None
Absart-Council Manlier Kluesner_
373 Renular Seccinn. Sentemher 19. 1994
ProoS of PubGcetion cettifietl to by the
Publisher on 1994 Financial Repott Fiscal Yeer
ended Iune 3Q 1994; Lla of Clelrrr_ peld for
month of Iuly, 1994, presented end reetL Council
Member Voetberg moved that the prooS be
received end filed. Seconded by Council Member
Nagle- Cerrietl by the following vote-
Yeas-Mayor Duggan, Council Manber_ Krieg,
Nagle, NchoL-on, Robbins, Voetberg
Nays-None Absan-Council Manber Kluesner_
Martin I. McNemar end Nenry A Comer
McNemar requesting voluntary ennecetion of their
property located notth of Cexetle Roetl, presented
end reed. Council Member Voetberg moved that
the matter be referred to Staff Seconded by
Council Member Nagle Cerrietl by the following
vote- Yees-Mayor Du_ge en, Council Manber_
Krieg, Nagle, NchoL-on, Robbins, Voetberg
Ne -- Absan-Council Manber Kluesner_ Approvetl_
Communication of Ciry Meneger
reco.._.._.._..c. approval of FY'94 Street Finance
Repott, presented end reed. Council Member
Voetberg moved that the communication be
received end filed. Seconded by Council Member
Nagle- Cerrietl by the following vote-
Yeas-Mayor Duggan, Council Manber_ Krieg,
Nagle, NchoL-on, Robbins, Voetberg
Nays-None Absan-Council Manber
Kluesner_
RHSOLUTION NO. 318-94
RHSOLUTION P.. _ _.... _..: iHH CITY OF
DUSUQUH FISCAL YHAR 1994 STRHHT
FINANCH RHPORT
NOW, THEREFORE, SE R RESOLVED SY
THE CITY COUNCII. OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the Street Finance Repott for
the period Iuly 1, 1993 through Iune 30, 1994 be
end the same a hereby epprovetl end that the Ciry
Clerk is hereby authorized end directed to file said
repott with the Iowa Depettment of
IYenspottetioa
Pessetl, epprovetl end adopted thu 19th dry of
September, 1994.
Terrence M. Duggan, Mayor
Attest
Mery A Davis, Ciry Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle- Cerrietl by the following vote-
Yeas-Mayor Du_ge en, Council Manber_ Krieg,
Nagle, NchoL-on, Robbins, Voetberg
Ne -- Absan-Council Manber Kluesner_
Voetberg Nay,-None A6;an-Council
Member Kluesner_
Meeting edjoumed et 8:04 p m.
Mery A Davis CMC
Ciry Clerk
_, 1995.
Adopted _,1995.
Mayor
Council Manber_
Attest
Ciry Clerk
Iecquelyn K Crruntkosky ecpressing her
appreciation to serve in the intern position during
the Summer within the Legal Depettment,
presented end reetL Council Member Voetberg
moved that the communication be received end
filed. Seconded by Council Member Nagle.
Cerrietl by the following vote- Yees-Mayor
Du_ge en, Council Manber_ Krieg, Nagle,
NchoL-on, Robbins, Voetberg Nays-None
Absan-Council Manber Kluesner_
There being no futther business, Council
Member Nagle moved to adjourn. Seconded by
Council Member Voetberg Cerrietl by the
following vote- Yees-Mayor Duggan, Council
Manber_ Krieg, Nagle, NchoL-on, Robbins,