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