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05 15 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on May 15, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on a Brownfield Site Conceptual Revisioning Plan and the Flock Safety Automated License Plate reader system. WORK SESSIONS 2 1. Flexsteel Industries Brownfield Site Conceptual Revisioning Plan: Economic Develop- ment Director Jill Connors introduced Dan Fox, Senior Planner with East Central Intergovern- mental Association (ECIA), who presented a Brownfield Site Conceptual Revisioning Plan that ECIA prepared at city staff’s request for the former Flexsteel site located at 3400 Jackson Street in Dubuque. Mr. Fox and Emily Smart of Blackstone Environmental responded to ques- tions from the City Council regarding the cost and timeframes of environmental studies. Re- sponding to questions from the City Council, City Manager Van Milligen stated that the prop- erty is privately owned by Flexsteel except for the wetlands they intend to donate to the Dubu- que County Conservation Board and that there may be city incentives for certain develop- ments on the property. City Manager Van Milligen also stated that the environmental study results may lead to restrictions on certain developments in specific areas of the property. City Council Members emphasized that the plan is not finalized and confirmed with the presenters that developers could initiate conversations with Flexsteel regarding the property at any time. This work session concluded at 5:41 p.m. 2. Flock Safety Automated License Plate Reader Presentation: Chief of Police Jeremy Jen- sen and Hector Soliman-Valdez, Senior Community Affairs Manager with Flock Safety, pre- sented on the Flock Automated License Plate Reader system. The presenters responded to questions from the City Council regarding data storage, reliability, access, sharing, and audit- ing; and what occurs with the data if an individual is arrested on a warrant. Responding to a question regarding next steps, Chief Jensen stated that the city must update its camera policy to address City Council concerns and user parameters. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 15, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. ICMA YSEALI Fellow Presentation: Assistant City Manager Cori Burbach introduced ICMA YSEALI Fellow Dr. Tuan Tung, who made some brief remarks regarding his fellowship in Dubuque. 2. 2023 Employee SPIRIT Awards Recognition Assistant City Manager Cori Burbach made a presentation on the 2023 City of Dubuque SPIRIT Awards and recognized the award recipients. PROCLAMATION(S) 1. Salvation Army Week (May 15-21, 2023) was accepted by Captain David Amick on behalf of the Dubuque Salvation Army. 2. Kids to Parks Day (May 20, 2023) was accepted by Park Division Manager Steve Fehsal on behalf of the Leisure Services Department. 3. Public Works Week (May 21-27, 2023) was accepted by Public Works Director John Klostermann on behalf of the Public Works Department. 4. LGBTQ+ Pride Month (June 2023) was accepted by Multicultural Family Center Assis- tant Director Sarah Peterson on behalf of the Multicultural Family Center's Family Pride Picnic Committee. CONSENT ITEMS Mayor Cavanagh requested Item No. 18 be held for separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 18. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/1/23; Civil Service Com- mission of 5/3/23; Library Board of Trustees Update of 4/27/23; Long Range Planning Advi- sory Commission of 4/19/23; Proof of Publication for City Council Proceedings of 4/17/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kevin Ehrlich for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kevin Ehrlich for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 144-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City proce- dures was adopted. RESOLUTION NO. 144-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CER- TAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Four Mounds Foundation Historical Resource Development Program (HRDP) Grant Submission for Four Mounds Foundation National Register of Historic Places Update: City Manager shared information with City Council that the Four Mounds Foundation applied for a grant related to the city owned Four Mounds Park that would allow for Four Mounds to amend and update its National Register of Historic Places Nomination to include a statewide signifi- cant designation, as well as to include the 1953 Pine Block Cabin on the site nicknamed "Marvin Gardens”. Upon motion the documents were received and filed. 6. Brownfield Conceptual Redevelopment Plan for 3400 Jackson Street (former Flexsteel Industries Site): Upon motion the documents were received and filed. 7. Third Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC: Upon motion the documents were received and filed, and Resolution No. 145-23 Approving a Third Amendment to Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC was adopted. RESOLUTION NO. 145-23 APPROVING A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC Whereas, the City of Dubuque and Port of Dubuque LLC entered into a Development Agreement dated for reference purposes November 18, 2019 for the development of property located at 480 Ice Harbor Drive in the City of Dubuque, Iowa (the Property); and Whereas, City and Developer desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto extending the Closing Date to July 31, 2023; and Whereas, it is the determination of the City Council that approval of the Third Amendment to Development Agreement, for the development of the Property by Port of Dubuque LLC according to the terms and conditions set out in the Third Amendment to Development Agree- ment, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Third Amendment to Development Agreement by and between the City of Dubuque and Port of Dubuque LLC, a copy of which is attached hereto, is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Third Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Addendum to Approved Purchase Agreement for Disposition of City-Owned Property at 2407 Queen Street: Upon motion the documents were received and filed, and Resolution No. 146-23 Adding the FHA Amendatory Clause and Real Estate Certification to the Purchase Agreement for 2407 Queen Street was adopted. RESOLUTION NO. 146-23 ADDING THE FHA AMENDATORY CLAUSE AND REAL ESTATE CERTIFICATION TO THE PURCHASE AGREEMENT FOR 2407 QUEEN STREET Whereas, the City Council, by Resolution No. 118-23, dated April 17, 2023, approved the purchase agreement and executed the Special Warranty Deed to sell to Melissa Sarazin the property located at 2407 Queen Street (the Property) legally described as: Lot 2 of Lot 70 in Plat of Lots 70, 71 and 72 Additional to Stafford’s Addition; and Lot 1 of the Subdivision of Lot 69 in Stafford’s Addition, being Mineral Lot 321 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the purchaser requests to add an FHA Amendatory Clause to the purchase agreement to meet the financing requirement for an FHA loan, which alters the original pur- chase agreement; and Whereas, it is the determination of the City Council that the addition and approval of the FHA Amendatory Clause and Real Estate Certification to the purchase agreement for the sale to Melissa Sarazin according to the terms and conditions set out within is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The FHA Amendatory Clause is added to the purchase agreement by and be- tween the City of Dubuque and Melissa Sarazin for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Housing and Community Development Department Director is authorized to execute the FHA Amendatory Clause and Real Estate Disclosure. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest : Adrienne N. Breitfelder, City Clerk 9. Second Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCA/YWCA Domestic Violence Shelter: Upon motion the documents were received and filed, and Resolution No. 147-23 Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCA/YWCA was adopted. RESOLUTION NO. 147-23 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG SUBRECIPIENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY YMCA/YWCA Whereas, the City of Dubuque and Dubuque Community YMCA/YWCA entered into a CDBG Subrecipient Agreement dated July 6, 2021 with respect to rehab the Domestic Vio- lence Shelter; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Second Amendment to the Subrecipient Agreement attached hereto; and Whereas, the Dubuque Community YMCA/YWCA provides services to a majority low to moderate-income individuals and serve a group primarily presumed to be LMI such as bat- tered spouses and homeless persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the CDBG Subrecipient Agreement be ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest : Adrienne Breitfelder, City Clerk 10. Acceptance of United States Department of Agriculture (USDA) Office of Urban Agri- culture and Innovative Production Grant: Upon motion the documents were received and filed, and Resolution No. 148-23 Accepting USDA Office of Urban Agriculture and Innovative Pro- duction Grant was adopted. RESOLUTION NO. 148-23 ACCEPTING USDA OFFICE OF URBAN AGRICULTURE AND INNOVATIVE PRODUC- TION GRANT Whereas, the City of Dubuque Housing and Community Development Department is con- vening community stakeholders around food access, production, and distribution to low/mod- income households; and Whereas, the City of Dubuque applied for and received a United States Department of Agriculture Urban Agriculture and Innovative Production Competitive Grants in the amount of $300,000, with a term until April 30, 2025; and Whereas, the Housing and Community Development Department intends to implement a project for emerging food production technologies and developing fellowships for low/moder- ate income individuals for hands-on learning of these systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant agreement with the USDA is accepted. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Direc- tor to execute the grant documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest : Adrienne Breitfelder, City Clerk 11. Chavenelle Road Hike Bike Trail Phase 2: Recommendation for Acceptance: Upon motion the documents were received and filed, and Resolution No. 149-23 Accepting the Chavenelle Road Hike Bike Trail Phase 2 Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 149-23 ACCEPTING THE CHAVENELLE ROAD HIKE BIKE TRAIL PHASE 2 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Chavenelle Road Hike Bike Trail Phase 2 (the Project) has been completed by the contractor, Midwest Concrete, Inc. (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $399,242.51; and Whereas, the Contractor has previously been paid $387,265.23, leaving a balance of $11,977.27; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $11,977.27 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from Joyce M. Tricarico and Michael Tricarico over private property at 2405 Queen Street in Dubuque: Upon motion the documents were received and filed, and Resolution No. 150-23 Accepting a Grant of Easement for Ingress/Egress and Sidewalk over and across part of Lot 1-70 in Stafford’s Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 150-23 ACCEPTING A GRANT OF EASEMENT FOR INGRESS/EGRESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1-70 IN STAFFORD’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Joyce M. Tricarico and Michael Tricarico have executed a Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford’s Addition, in the City of Dubuque, Iowa NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Grant of Easement for Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford’s Addition, in the City of Dubuque, Iowa, from Joyce M. Tricarico and Michael Tricarico, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. City of Dubuque and Interstate Power and Light Company Memorandum of Under- standing Potential Purchase of Excess Property at Former Power Plant Site: Upon motion the documents were received and filed, and Resolution No. 151-23 Approving a Memorandum of Understanding between the City of Dubuque and the Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant Site on 7th Street was adopted. RESOLUTION NO. 151-23 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND THE INTERSTATE POWER AND LIGHT COMPANY (IPL) FOR THE POTENTIAL PURCHASE OF EXCESS PROPERTY AT THE FORMER POWER GENER- ATION PLANT SITE ON 7TH STREET Whereas, City and Interstate Power and Light Company (IPL) wish to memorialize prelim- inary terms that could result in the execution of an offer to purchase potential excess property (the “Real Estate”) on and through the Alliant Energy (IPL) former Power Generation Plant site on 7th Street located in Dubuque County, Iowa; and Whereas, City wishes to purchase the Real Estate from IPL upon terms and conditions acceptable to City in its sole discretion; and Whereas, IPL and City have agreed that IPL shall solicit proposals from a minimum of three Licensed Land Surveyors and IPL and City shall mutually agree upon one of the Surveyors to complete the survey plats of the Real Estate and City has agreed that if City does not purchase the Real Estate, City shall reimburse IPL for one half of the survey expenses; and Whereas, IPL and City have agreed that IPL shall solicit proposals from a minimum of three Licensed Appraisers and IPL and City shall mutually agree upon one of the Appraisers to complete the appraisal of the Real Estate (the “Appraisal”) and City has agreed that if City does not purchase the Real Estate, City shall reimburse IPL for one half of the Appraisal costs; and Whereas, Upon completion, IPL shall provide the Survey and Appraisal to City for review. Not less than thirty (30), City shall either (a) provide written notice to IPL that City does not intend to purchase the Real Estate; or (b) provide written notice to IPL that City does intend to purchase the Real Estate upon such terms and conditions as City approves in its sole discretion in the Offer; and Whereas, Initial costs of the Survey and Appraisal shall be paid by IPL. If City closes on the purchase of the Real Estate, 50% of the Survey costs and 50% of the Appraisal costs shall be added to the purchase price at closing. If City does not close on the purchase of the Real Estate, City shall reimburse IPL for 50% of the Survey costs and 50% of the Appraisal costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Memorandum of Understanding Agreement is hereby approved. Section 2. The City Manager is hereby authorized to execute the Memorandum of Under- standing Agreement between the City and Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant site on 7th Street. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Iowa Amphitheater on Schmitt Island Project: Request to Distribute RFQ and Create an RFQ Review Committee: Upon motion the documents were received, filed, and approved. 15. Signed Contract(s): Gronen Restoration, Inc. for use of a Licensed Area; Origin Design Co. for the Old Highway Road Water Main Connection Loop. Upon motion the documents were received and filed. 16. Sustainable Dubuque Community Grant Award Recommendation: Upon motion the documents were received and filed, and Resolution No. 152-23 Awarding additional Sustain- able Dubuque grant funding to various organizations was adopted. RESOLUTION NO. 152-23 AWARDING ADDITIONAL SUSTAINABLE DUBUQUE GRANT FUNDING TO VARIOUS ORGANIZATIONS Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis- sions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving op- tions, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients provide various activities and services related to the 12 prin- ciples of sustainability named by the City of Dubuque; and Whereas, a recommended grant recipient was disqualified by the City Council making ad- ditional funds available for granting; and Whereas, the approved grant recipients were not fully funded and could further benefit the community by an increase in funding; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors by distributing the unawarded funds evenly to the grant recipients in order to increase the reach and impact of their programming. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the following organizations: Section 2. The City Manager or his designee shall enter into grant agreements and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Iowa Arts Council Grant Application: Upon motion the documents were received, filed, and approved. 18. House File 718: Mayor Cavanagh summarized the legislation’s potential effects on the city’s budget, stating that the projected loss of city funds will limit the city’s future investments in the community. City Council members suggested conducting a work session to further de- tail the legislation’s impact and clarified that the legislation was signed into law. Motion by Farber to receive and file the documents. Seconded by Jones. Motion carried 7-0. 19. Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. May 10, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on May 6, 2023. We, The Civil Service Commission, hereby certify that the individuals listed in the attached spreadsheet have passed the written exami- nation administered on either March 11, 2023, or May 6, 2023, are using a transfer score, or are currently certified as an Iowa Law Enforcement Officer and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Dustin Brant, 4. Nathan Goodson-Gregg, 5. Ashley Hahnbaum – Certified, 6. Sophia Hammond, 7. Brandon Hoey, 8. Marcus Leitzen, 9. Noah Perry – Transfer Score, 10. Kenneth Schrader, 11. Josh Vauthier – Transfer Score Respectfully Submitted, /s/Danial White Civil Service Commissioner 20. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 153-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter ORGANIZATION PROJECT APPROVED AWARD 5/1/2023 REVISED AWARD Centrally Rooted Launch of Exploration Labs $2,000 $2,445 Convivium Urban Farmstead Garden Supplies and Support $1,750 $2,195 Four Mounds Foundation Land Stewardship Planning for Endangered Species $1,750 $2,195 Nova Elite Youth Basketball Player Scholarships $1,350 $1,795 St. Mark Youth Enrichment Heroes Summer Camp $1,815 $2,260 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 153-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REG- ULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required documentation: New Applications Beecher Wine & Spirit 1691 Asbury Rd. Kwik Star 236 2035 J. F. Kennedy Super Stop 3 2360 Central Ave. Stone Cliff Winery 600 Star Brewery Dr. Renewals Buffalo Wild Wings 2805 Northwest Arterial Days Inn & Spirits Bar & Grill 1111 Dodge St. Dubuque Bowling Lanes 1029 1/2 Main St. Dubuque Museum Of Art 701 Locust St. Five Flags Center 405 Main St. JC’s Bar and Grill 900 Central Ave. Los Aztecas III Mexican Restaurant 2345 NW Arterial Mason Dixon Saloon 163 Main St. Pioneers Rest Stop 4900 Old Highway Rd. Rotary Club Of Dubuque 135 West 8th St. Smokestack 62 East. 7th St. Wayfarer Coffee 955 Washington St. Suite 105 Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. Sale of City-owned property at 1559 Washington Street: Upon motion the documents were received and filed, and Resolution No. 154-23 Intent to dispose of an interest in City of Dubuque real estate to RC Restoration LLC, setting a time and place for hearing, and provid- ing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023 in the Historic Federal Building. RESOLUTION NO. 154-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO RC RESTORATION LLC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 1559 Washington Street (the Property) legally described as: North ½ of Lot 79 in East Dubuque Addition in the City of Dubuque, Iowa, according to the recorded plot thereof; and Whereas, the City acquired the property by petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to RC Restoration LLC according to the terms and conditions set out in the purchase agreement in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above-described real estate to RC Restoration LLC. Section 2. That the City Council shall conduct a public hearing on the proposed purchase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 5th day of June 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 15th day of May 2023. Attest Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Old Highway Road Water Main Installation Project: Initiate Public Bidding and Set the Public Hearing Date: Upon motion the documents were received and filed, and Resolution No. 155-23 The Old Highway Road Water Main Installation Project 2023: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023 in the Historic Federal Building. RESOLUTION NO. 155-23 THE OLD HIGHWAY ROAD WATER MAIN INSTALLATION PROJECT 2023; PRELIMI- NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Old Highway Road Water Main Installation Project 2023 in the amount of $748,810, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. Section 2. A public hearing will be held on the 5th day of June, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Old Highway Road Water Main Installation Project 2023 is hereby ordered to be advertised for bids for construction. Section 4 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. Section 5. The Water Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 13th day of June, 2023. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 20th day of June, 2023, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. LLC Providing for the Sale of City- owned Real Estate to McCoy Group, Inc. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the doc- uments were received and filed and Resolution No. 156-23 (1) approving the minimum re- quirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the offer to purchase submitted by McCoy Group, Inc. satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to McCoy Group, Inc. in the event that no competing proposals are submitted; and (3) soliciting competing proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 156-23 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PURCHASE SUBMITTED BY MCCOY GROUP, INC. SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO MCCOY GROUP, INC. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on May 1, 2023 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, McCoy Group, Inc. (“Developer”) has submitted to the City a proposal in the form of an offer to purchase (the “Development Agreement”) for the purchase of certain City-owned real property hereinafter described (“the Property”), which Development Agreement proposes the Developer will undertake the purchase of a building located at the corner of Bell Street and East 6th Street as described therein, which Property is the real estate consisting of ap- proximately 0.7 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm proposal for sale of the Property and improvements already received by the City in the form of the Development Agreement, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the sale and development of the Property, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to accept such proposal and authorize the City Manager to sign the Development Agreement; 6) Approve and direct publication of a notice to advise any other person of the oppor- tunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Property shown on Exhibit A attached hereto, shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Parking Property, shown on Exhibit A, at not less than fair market value, which for the purposes of this resolution is hereby deter- mined to be One Million One Hundred Thousand & 00/100 Dollars ($1,100,000.00) and to provide for public parking on the Parking Property; 2) Sets out or provides to the satisfaction of the City Council the experience of the prin- cipals and key staff who are directly engaged in the performance of contract obliga- tions in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to create and maintain Eighteen (18) additional FTE employees employed by Developer or its Affiliate/s by October 1, 2025 and during the remaining term of the agreement for a total of Two Hundred Sixty-Six (266) FTE employees in the city of Dubuque, Iowa. Section 3. That the Development Agreement by and between the City and the Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Devel- opment Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Developer and City obligations; and 2) General terms and conditions. Section 5. That the Development Agreement submitted by the Developer satisfies the re- quirements of this offering and, in the event that no other qualified proposals are timely sub- mitted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifications, fi- nancial resources, and legal ability necessary to purchase the Property shown on Exhibit A and to construct, manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Council be considered to be and does hereby consti- tute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Prop- erty shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 19th day of May, 2023. Section 11. That written proposals for the sale of the Property shown on Exhibit A will be received by the City Clerk at or before 10:00 a.m., June 16, 2023 in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on June 16, 2023. Said proposals will then be presented to the City Council at 6:30 p.m., June 20, 2023, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa. Section 12. That the method of offering the Property for sale as set forth herein is in sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed and “fair value.” Section 13. That the required documents for the submission of a proposal shall be in sub- stantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property on that date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the pro- posals. Section 15. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a sub- sequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property shown on Exhibit A in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 16. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Equity and Human Rights Commission: One, 3-Year term through January 1, 2024 (Va- cant term of Evans). Applicants: Pamela Birch, 1550 Butterfields Dr.; Michaela Freiburger, 1718 Diane Ct.; Kristen Leffler, 159 Julien Dubuque Dr.; Candace Raymond, 1155 Tressa St.; Theresa Sampson Brown, 2285 Clydesdale Ct.; Nina Streauslin, 3904 Cora Dr. This com- mission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/4 females/ 1 opening. Upon roll call vote, Ms. Sampson Brown was ap- pointed to the three-year term through January 1, 2024. Ms. Freiburger received 1 vote (Wethal), and Ms. Sampson Brown received the remaining 6 votes. 2. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2025 (Vacant term of Krayer). Applicant: Cliff Conrad, 135 West 17th St. Motion by Jones to appoint Mr. Conrad to the three-year term through July 1, 2025. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS Municipal Services Center EV Charging Stations Project: Motion by Farber to receive and file the documents and adopt Resolution No. 157-23 Municipal Services Center EV Charging Stations Project: approval of plans, specifications, form of contract, and estimated cost; for the Municipal Services Center EV Charging Stations Project. Seconded by Roussell. Public Works Director John Klostermann and Sustainable Communities Coordinator Gina Bell re- sponded to questions from the City Council regarding future prospects on electric vehicles (EVs) and their contribution toward the city’s goals within its Climate Action Plan. Mr. Kloster- mann and City Manager Van Milligen responded to a question from the City Council regarding other city departments’ involvement in obtaining EVs. City Council Members discussed the benefits of EVs and their desire to further invest in the city’s EV fleet. Motion carried 7-0. RESOLUTION NO. 157-23 MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT; APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; FOR THE MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specification, form of contract and estimated costs for the Munic- ipal Services Center EV charging Stations Project, in the estimated amount of $134,670 are hereby approved. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2023 Pavement Marking Project: Motion by Jones to receive and file the documents and adopt Resolution No. 158-23 Approval of plans, specifications, form of contract, and estimated cost for the 2023 Pavement Marking Project. Seconded by Wethal. Responding to a question from the City Council on how the calculation of the State of Iowa’s portion of the project is determined, Project Manager Steve Sampson Brown stated that the state’s portion is calcu- lated from road use tax funds from state. Motion carried 7-0. RESOLUTION NO. 158-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2023 PAVEMENT MARKING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for 2023 Pave- ment Marking Project, in the estimated amount $226,693.00, are hereby approved. Passed, adopted, and approved this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing for Sale of City-Owned Property at 590 Clarke Drive: Motion by Resnick to receive and file the documents and adopt Resolution No. 159-23 Disposing of city interest in real property at 590 Clarke Drive, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 159-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 590 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 128-23, dated May 1, 2023, declared its in- tent to dispose of City interest in real property located at 590 Clarke Drive (the Property) legally described as: Lot 8, except the Southerly 50 feet thereof, as conveyed by Warranty Deed recorded in Book 148TL, Page 269, and, except that part conveyed by Warranty Deed 792-1998, in J.P. Porter’s Addition to Dubuque, in the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on May 15, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubu- que, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Ry Meyer according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase agreement by and between the City of Dubuque and Ry Meyer for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Spe- cial Warranty Deed, conveying the City’s interest in the Property to Ry Meyer. Section 3. That the City Clerk is hereby authorized and directed to cause said Special War- ranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of May 2023. Attest Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2023 Second Budget Amendment: Motion by Resnick to receive and file the documents and adopt Resolution No. 160-23 Amending the current budget for Fiscal Year Ending June 2023 (as last certified or amended on 10/17/2022). Seconded by Farber. Motion carried 7-0. NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of DUBUQUE Fiscal Year July 1, 2022 - June 30, 2023 The City of DUBUQUE will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2023 Meeting Date/Time: 5/15/2023 06:30 PM Contact: Jennifer Larson Phone: (563) 589-4398 Meeting Location: City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the tim e and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fisc al year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition re- quirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 25,574,621 0 25,574,621 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,574,621 0 25,574,621 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 12,965,223 0 12,965,223 Other City Taxes 6 23,115,778 0 23,115,778 Licenses & Permits 7 2,030,903 0 2,030,903 Use of Money & Property 8 17,083,716 0 17,083,716 Intergovernmental 9 74,245,447 2,818,072 77,063,519 Charges for Service 10 51,581,648 0 51,581,648 Special Assessments 11 184,524 0 184,524 Miscellaneous 12 10,323,926 856,572 11,180,498 Other Financing Sources 13 27,811,579 -2,186,822 25,624,757 Transfers In 14 61,175,973 -1,039,765 60,136,208 Total Revenues & Other Sources 15 306,093,338 448,057 306,541,395 EXPENDITURES & OTHER FINANCING USES Public Safety 16 35,458,346 117,065 35,575,411 Public Works 17 17,699,585 -21,811 17,677,774 Health and Social Services 18 1,084,405 3,186 1,087,591 Culture and Recreation 19 18,365,497 195,405 18,560,902 Community and Economic Development 20 16,941,286 -441,471 16,499,815 General Government 21 14,393,111 0 14,393,111 Debt Service 22 11,764,376 0 11,764,376 Capital Projects 23 125,564,458 1,581,898 127,146,356 Total Government Activities Expenditures 24 241,271,064 1,434,272 242,705,336 Business Type/Enterprise 25 91,997,072 1,816,034 93,813,106 Total Gov Activities & Business Expenditures 26 333,268,136 3,250,306 336,518,442 Transfers Out 27 61,175,973 -1,039,765 60,136,208 Total Expenditures/Transfers Out 28 394,444,109 2,210,541 396,654,650 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -88,350,771 -1,762,484 -90,113,255 Beginning Fund Balance July 1, 2022 30 179,887,926 0 179,887,926 Ending Fund Balance June 30, 2023 31 91,537,155 -1,762,484 89,774,671 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, and the appropriation to spend the monies. Adjustment to reflect actual budget of projects. Passed, approved, and adopted this 15th day of May 2023. Attest Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC), thanked the City Council for their vote in support of Public Hearing No. 1, summa- rizing the importance of EVs toward good air quality and how they factor into Dubuque being a community of choice for residents. Mr. Dickinson also thanked the City Council and city staff for Item Set for Public Hearing No. 3, expressing appreciation for the city quickly addressing the needs of McCoy Group, Inc. ACTION ITEMS 1. Destination Iowa Outdoor Recreation Fund Grant: Motion by Resnick to receive and file the documents and approve the City Manager executing the Destination Iowa Outdoor Rec- reation Fund Grant. Seconded by Sprank. Council Member Farber asked if she needed to recuse herself from the vote. City Attorney Brumwell confirmed that Council Member Farber did not need to recuse herself. City Council Members expressed enthusiasm for the grant. Motion carried 7-0. 2. St. Anne & Avalon Intersection Reconstruction Project: Motion by Jones to receive and file the documents and adopt Resolution No. 161-23 Awarding Public Improvement Construc- tion Contract for the St. Anne and Avalon Intersection Reconstruction Project. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 161-23 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE ST. ANNE AND AVALON INTERSECTION RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the St. Anne and Av- alon Intersection Reconstruction Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 18th day of April 2023; and Whereas, said sealed proposals were opened and read on the 4th day of May 2023 and it has been determined that Offset Construction, LLC, of Farley, IA. submitted the low bid in the amount of $207,547.60, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Construction Contract for the Project is hereby awarded to Off- set Construction, LLC and the City Manager is hereby directed to execute a Public Improve- ment Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proposed amendment to the 2020 National Electrical Code: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Responding to a question from the City Council, Assistant Housing Director Michael Belmont stated that electrical is not in scope of the inter- national building codes, and that the ordinance update is a revision to an existing amendment. City Attorney Brumwell stated that the National Electrical Code (NEC) has been adopted by the State of Iowa. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code. Seconded by Wethal. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1D-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The National Electrical Code adopted by section 14-1D-1 of this article is hereby amended as follows: . . . . 210.8. Ground-Fault Circuit-Interrupter Protection For Personnel. Ground-fault circuit- interrupter protection for personnel shall be provided as required in 210.8(A) through (E). The ground-fault circuit-interrupter shall be installed in a readily accessible location. . . . . 220.12(B) Energy Code. This section is hereby repealed and the following inserted in lieu thereof: 220.12(B) Energy Code. Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. Article 334.12 Uses Not Permitted. Adopted as is, except add item 11: (11) In hotels, motels, commercial, mercantile, industrial, institutional, and public build- ings Article 408.4 Field Identification Required. Insert the following section: Article 408.4(C). Additional Labeling Of Electrical Service Panels And Switchboards. A permanent legible label shall be installed at or on the main electrical service panel and shall include the following: (1) The name of the contracting company performing the work (2) Contact information for the contracting company performing the work (3) Location(s) of all accessible bolted grounding connections to any metal water service piping. (4) Approximate location(s) of all buried ground-rod connections, if any installed. (5) Approximate location of all bolted grounding connections to reinforcing steel in foundation if installed. (6) Location(s) of all accessible bolted bonding connections to building steel and all other metal piping systems including gas piping, sprinklers, etc. (7) Location of the intersystem bonding terminal bus bar. Irreversible connections (compression, exothermic, etc.) are not required to be accessible. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk 4. Adoption of the 2021 International I-Codes: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. City Council Members discussed the exclusion of residential sprinklers in the City of Dubuque Code of Ordinances and that future discussions may be needed regarding them. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 21-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations; Ordinance No. 22-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code; Ordinance No. 23-23 Amending City of Dubuque Code of Ordi- nances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations; Ordinance No. 24-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code; Ordi- nance No. 25-23 Amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1 Building Codes, Article J Property Maintenance Code; and Ordinance No. 26-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Building Codes, Article K International Existing Building Code. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-1: INTERNATIONAL 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 International Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Building Code". A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Building Code, 2021 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101.1. Title. Amended to read: These regulations shall be known as the Dubuque Building Code, hereinafter referred to as “this code”. Section 103.1. Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 105.5. Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be requested in writing and justifiable case demonstrated. Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 114. Violations. Amended to read: 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each day or portion thereof during which any such unlawful act is committed, contin- ued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and City staff may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Sec- tion, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this Section, an un- safe use. Any parapet wall, cornice, spire, tower, tank, statuary, or other appendage or structural member which is supported by, attached to, or a part of a building and which is in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building appendage. All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accord- ance with the procedures set forth in title 14, chapter 3 of the Code of Ordinances. Section 202. Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative thereof. Any reference to "Building Official" in this code shall have the same meaning as "Code Official". Section 903.3.1.1.1. Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire-resistance-rated construction, or contains electrical equipment. 1. A room or area where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or area where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombus- tible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008. Section 1031.3.2 Minimum dimensions. Amended to read: 1031.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal oper- ation of the opening. Exception: Replacement windows shall be exempt from the minimum size requirements of this section, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening, provided that the replace- ment window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening and shall have a min- imum net clear opening width of 20 inches (508 mm), a minimum net clear opening height of 22 inches (559 mm), and a minimum net clear opening of 4.0 square feet (0.372 square meters). 2. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor. Exception: The bottom of the clear opening may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1031.3.2. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 22-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1B-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the residential building code of the City that certain building code known as the International Residential Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the con- struction, remodeling, maintenance, repair, and reconstruction of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Residential Building Code". A copy of the International Residential Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1B-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Residential Code, 2021 edition, adopted in section 14-1B-1 of this article to read as fol- lows: Section R101.1 Title. Amended to read: R101.1 Title. These provisions shall be known as the Dubuque Residential Building Code of the City of Dubuque and shall be cited as such and will be referred to herein as “this code.” Section R103.1 Creation Of Enforcement Agency. Amended to read: R103.1. Creation Of Enforcement Agency. There is hereby established in the city the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section R105.5 Expiration. Amended to read: R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The code official is authorized to grant, in writing, one or more extensions of time, for peri- ods not to exceed 180 days for each such approved extension. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances sec- tion 14-1A-6. Section R113 Violations. Amended to read: R113. Violations. It shall be unlawful for any person, firm, or corporation to erect, con- struct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be pun- ishable as provided in title 1 of the City Code of Ordinances. The penalty herein pro- vided shall be cumulative with and in addition to the revocation, cancellation, or forfei- ture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a munic- ipal infraction without previously issuing a notice of violation. Section R202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administra- tion and enforcement of this code, or a duly authorized representative. Any reference to building official in this code refers to code official. Section R310.1. Emergency escape and rescue opening required. Amended to Read: R310.1. Emergency escape and rescue opening required. Basements, habitable at- tics, and every sleeping room shall have not less than one operable emergency es- cape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 2. Where the dwelling unit or townhouse unit is equipped with an automatic sprin- kler system installed in accordance with Section P2904 of this code, sleeping rooms in basements shall not be required to have emergency escape and res- cue openings provided that the basement has one of the following: 2.1 One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2 Two means of egress complying with Section R311. 3. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 4. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. Section R310.5 Replacement windows for emergency escape and rescue openings. Amended to read: R310.5 Replacement windows for emergency escape and rescue openings shall be permitted to have minimum dimensions in accordance with Sections R310.5.1 through R310.5.3 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.37 m2). R310.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal oper- ation of the opening. R310.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with section R314 of this code. Section R313 Automatic Fire Sprinkler Systems. Deleted. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted. Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted. Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read: N1103.3.7 (R403.3.7). Building Cavities (Mandatory). Exterior building framing cavi- ties shall not be used as ducts or plenums. Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted. Chapter 29. Deleted. Chapter 30 Sanitary Drainage. Deleted. Part VIII “Electrical” is hereby amended by deleting chapters 34-43 in their entirety. Appendix A - Do not adopt Appendix B - Do not adopt Appendix C - Do not adopt Appendix D - Do not adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Appendix N - Do not adopt Appendix O - Do not adopt Appendix P – Do not adopt Appendix Q - Adopt Appendix R - Do not adopt Appendix S - Do not adopt Appendix T - Do not adopt Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 23-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REGU- LATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, the International Fire Code, 2021 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. A copy of the International Fire Code, 2021 edition, is on file at the fire headquarters for public inspection. Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fire Code, 2021 edition, adopted in section 14-1E-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Fire Code, hereinafter referred to as “this code.” Section 102.6 Historic Buildings. Amended to read: 102.6 Historic Buildings. Repairs, alterations, and additions to a historic building shall comply with the provisions of the Dubuque Existing Building Code. Section 105.5 Required operational permits. Amended to read: 105.5 Required operational permits. The fire code official is authorized to issue oper- ational permits for the operations set forth in Sections 105.5.2 through 105.5.52 of this code. It shall be unlawful for any person, firm, or corporation to use a building or prem- ises or engage in any activity for which a permit is required by the Dubuque Code of Ordinances without first having obtained such permit. Section 111 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 308.1.4 Open-flame cooking devices. Amended to read: Charcoal burners and other open-flame cooking devices shall not be located, stored, or operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies, and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 ½ pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. Section 505.1 Address Identification. Amended to read: 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification charac- ters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Interior room numbers. New and existing buildings shall be provided with ap- proved room and suite identification. The room and suite identification shall be placed in a position that is plainly legible and visible. Identification characters shall contrast with their background. Section 506.1 Where Required. Amended to read: 506.1 Where Required. An approved key box shall be required on all commercial and residential structures that contain off-site monitored fire alarm and/or sprinkler systems or where access to or within a structure or an area is restricted because of secured openings. Where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. 506.1.2 Key boxes for fire service elevator keys. Amended to read: 506.1.2 Key boxes for fire service elevator keys. Approved key boxes shall be pro- vided for fire service elevator keys shall comply with Section 506.1 of this code and all of the following: 1. The key box shall be the rapid entry key box system in use in the jurisdiction and approved by the fire code official. 2. The front cover shall be permanently labeled with the words “FIRE DEPARTMENT USE ONLY.” 3. The key box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire department access. 4. The key box shall be mounted 5 feet 6 inches (1,676 mm) above the finished floor to the right side of the elevator bank. 5. Contents of each key box shall be the building master key, fire service elevator keys, recall keys, and additional elevator access tools, keys, and information perti- nent to emergency planning or elevator access as determined necessary by the fire code official. 6. In buildings with two or more elevator banks, a single key box shall be permitted to be used where such elevator banks are located on the same floor and separated by not more than 30 feet (9,144 mm). Additional key boxes shall be provided for each individual elevator or elevator bank separated by more than 30 feet (9,144 mm). Section 604.6 Elevator Keys. Amended to read: 604.6 Elevator Keys. All elevators shall be provided elevator car door and fire-fighter service keys in accordance with Sections 606.6.1 through 604.6.4 of this code. 604.6.1 Elevator key location. Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved key box in an approved location in accordance with Section 506.1.2 of this code. 604.6.2 Requirements for fire service elevator keys. Fire service elevator keys shall com- ply with all of the following: 1. Fire service elevator keys shall be of a patent-protected design to prevent unau- thorized duplication. 2. Fire service elevator keys shall be factory restricted by the manufacturer to prevent the unauthorized distribution of key blanks. Uncut key blanks shall not be permitted to leave the factory. 3. Fire service elevator keys subject to these rules shall be engraved with the words “DO NOT DUPLICATE.” 604.6.3 Access to fire service keys. Access to fire service elevator keys shall be re- stricted to the following: 1. Elevator owners or their authorized agents. 2. Elevator contractors. 3. Elevator inspectors of the jurisdiction. 4. Fire code officials of the jurisdiction. 5. The fire department and other emergency response agencies designated by the fire code official. 604.6.4 Responsibility to provide keys. The building owner shall provide one set of keys for each approved key box for fire service elevator key required by Section 506.1.1 of this code. Section 606.2 Where Required. Amended to read: 606.2 Where Required. A Type I hood shall be installed at or above all commercial cook- ing appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. Factory-built commercial exhaust hoods that are listed and labeled in accordance with UL 710 and installed in accordance with Section 304.1 of the Dubuque Me- chanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3., 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4 and 507.5 of the Dubuque Mechanical Code. 2. Factory-built commercial cooking recirculating systems that are listed and labeled in accordance with UL 710B and installed in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3, 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4, and 507.5 of the Dubuque Me- chanical Code. For the purpose of determining floor area required to be ventilated, each individual appliance shall be considered as occupying not less than 100 square feet (9.3m²). 3. Where cooking appliances are equipped with integral down-draft exhaust systems and such appliances and exhaust systems are listed and labeled for the application in accordance with NFPA 96, a hood shall not be required at or above them. 4. A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent con- tains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m3/s) in accordance with UL 710B. Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 of this code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire-resistance-rated construction, or contains electrical equipment. 1. A room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rat- ing of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncom- bustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoist ways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Stor- age shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "Elevator Machinery-No Storage Allowed". 7. Machine rooms, machinery spaces, control rooms, and control spaces associ- ated with occupant evacuation elevators designed in accordance with Section 3008 of the Dubuque Building Code. Automatic sprinklers shall not be installed in elevator hoist ways other than pits where such sprinklers would not necessi- tate shunt trip requirements under any circumstances. Section 1028.5 Access To A Public Way. Amended to read: 1028.5 Access To A Public Way. The exit discharge pathway shall be hard surfaced and provide a direct and unobstructed access to a public way. Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met: 1. The area shall be of a size to accommodate not less than 5 square feet (0.46 m2) for each person. 2. The area shall be located on the same lot not less than 50 feet (15,240 mm) away from the building requiring egress. 3. The area shall be permanently maintained and identified as a safe dispersal area. 4. The area shall be provided with a safe and unobstructed path of travel from the building. 1031.3.1 Minimum size. Amended to read: Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. (0.53m2) Exception: The minimum net clear opening for grade-floor emergency escape and res- cue openings shall be 5 square feet. (0.46m2) Exception: Replacement windows installed in buildings meeting the scope of this code shall be exempt from the minimum size requirements of this section, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening but will have a minimum net clear openable width of 20 inches (508 mm), a minimum net clear openable height of 22 inches (558 mm), and a minimum net clear opening of 4.0 square feet (0.372 m2). 2. Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubu- que. 3. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not ex- ceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be at least as wide as the clear open- able width of the window or other approved method/platform. b. The emergency escape and rescue opening shall comply with section 1031.3.2 of this code. Appendix A - Do not adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Section 3. Section 14-1E-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-3: RESERVED: Section 4. Section 14-1E-4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-4: EMERGENCIES: Where a situation requires immediate decision, that of the fire chief shall be final and conclusive. Section 5. Section 14-1E-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-5: SPECIAL CONDITIONS: The fire chief in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this code relating to fire hazards not specifically covered thereby. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 24-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1F-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1F-1: INTERNATIONAL 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 certain mechanical code known as the International Mechanical Code, 2021 edition, as published by the International Code Council, and the provisions of such mechanical code shall be controlling for the installa- tion, maintenance, and use of heating, ventilating, cooling, refrigeration systems, incin- erators, and other miscellaneous heat-producing appliances within the corporate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the Inter- national Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1F-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Mechanical Code, 2021 edition, adopted in section 14-1F-1 of this article to read as fol- lows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as “this code.” Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Divi- sion is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 108 Violations. Amended to read: Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or cor- poration to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each and every day during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as pro- vided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any li- cense or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a munic- ipal infraction without previously issuing a notice of violation. Section 113 Means Of Appeal. Amended to read: 113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14-1A-6 Section 114. Board of Appeals. Amended to read: 114.1 Board of Appeals. See city of Dubuque code of ordinances section 14-1A-6 Section 202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administra- tion and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 25-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Housing and Community Development Department, being marked and designated as the Interna- tional Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Dubuque Property Maintenance Code, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities, facilities, and other physical things and conditions essential to ensuring that structures are safe, sanitary, and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Dubuque Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in section 14-1J-2 of this article. Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, hereinafter referred to as “this code.” Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Divi- sion is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 104.1. Fees. Amended to read: 104.1. Fees. The fees for activities and services performed by the Inspection & Con- struction Services Division will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Prior to filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner's personal or business mailing address. Section 109.2 Notice of violation. Amended to read: 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4 of this code. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issu- ing a notice of violation. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with any of the methods of service in section 111.4.2 or by first-class mail to the last known address of the owner or the owner’s authorized agent. Section 109.5. Abatement of Violation. Amended to read: 109.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct, or abate a violation, or to pre- vent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner, the owner’s authorized agent, or the lessor of any dwelling which does not comply with the codes applicable to resi- dential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and consti- tute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner’s authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises. b. Upon receipt of an escrow order, tenants shall pay their rent to the City which will hold the funds in escrow as provided herein. When rent is placed in es- crow, neither the owner, the owner’s authorized agent, nor the lessor may recover rent from the tenant. c. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. Unless otherwise required by law, the lienholder shall be respon- sible for collecting rents below the escrow amount. e. The owner, the owner’s authorized agent, the lessor, or the first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If the Housing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owner’s au- thorized agent, or the lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner, the owner’s authorized agent, or the lessor. 6. The City shall develop a policy outlining the parameters and procedures for ini- tiation of an escrow order. Such policy shall be on file with the Inspection and Construction Service Division and available to the public for review. Section 107 Means of Appeal. Amended to read: Section 107 Means of Appeal. 107.1 General Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the re- quirements of this code are adequately satisfied by other means. Section 108 Board of Appeal. Amended to read: Section 108 Boards of Appeals 108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code. 1. The Building Code Advisory and Appeal Board will hear appeals of decisions or determinations made by the code official relative to interpretation of this code. The Building Code Advisory and Appeal Board will use the provisions of 14-1A- 6 of the City of Dubuque Code of Ordinances for the handling of appeals. 2. The Housing Appeals and Mediation Board will hear appeals regarding repair deadlines, nuisance abatement orders, and landlord/tenant disputes regarding property access, nuisance abatement, and rent abatement. The Housing Ap- peals and Mediation Board will use the provisions of 14-1J-7 of the City of Dubu- que Code of Ordinances for the handling of appeals. Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official: Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or any duly authorized representative. Any reference to building official in this code refers to code official. Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Hazardous conditions are any condition stated in the City of Dubuque’s Standards for Defective Sidewalks/Approaches. Snow/ice removal shall comply with section 302.3.1 of this code. 302.3.1 Snow/Ice Removal. The owner of the premises shall be responsible for snow/ice removal from sidewalks, walkways, stairs, driveways, parking spaces, and similar areas immediately after the snowfall ends and no longer than 24 hours after the snow event. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agree- ment, in certain circumstances, with a tenant for maintenance in which case the ten- ant will be responsible for complying with this section. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsi- bility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agree- ment, in certain circumstances, with a tenant for maintenance in which case the ten- ant will be responsible for complying with section 6-8-2 of the City of Dubuque Code of Ordinances. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.8. Motor Vehicles. Amended to read: 302.8. Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. All private swimming pools, hot tubs, and spas, which are capable of containing water more than 24 inches (610 mm) in depth, shall be completely sur- rounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latch- ing device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when re- leased from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated, and sur- faces repainted, regardless of whether any such surface consists of or contains de- cay-resistant wood. For avoidance of doubt, once an exterior wood surface consisting of or containing decay-resistant wood has been painted, the paint must be maintained as provided in this code. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be main- tained weather resistant and watertight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust or corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the func- tion of the building component to perform as designed. Surfaces designed for stabili- zation by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or house- keeping unit that is rented, leased, or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. Interior Surfaces. A. Interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead-Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must pro- vide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead-based paint regulations, the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead-Based Paint Haz- ard Reduction Act of 1992, requiring the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of cer- tain housing built before 1978. Section 308.2.1. Rubbish Storage Facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for compliance with this provision. Upon request of the city, a landlord must provide a copy of the written agreement. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 404.4.2. Deleted. Section 404.4.3. Water Closet Accessibility. Amended to read as follows: 404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have ac- cess to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: September 15 to May 15. Section 602.4. Occupiable Workspaces. Insert: September 15 to May 15. Section 602.5. Room Temperature Measurement. Amended to read: 602.5. Room Temperature Measurement. The required room temperatures shall be measured three (3) feet (914 mm) above the floor, at an interior wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Section 702.4. Emergency escape openings. Amended to read: 702.4. Emergency escape and rescue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emer- gency escape and rescue opening shall be required in each sleeping room. Emer- gency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Emergency escape and rescue openings shall have minimum dimensions in accord- ance with 702.4.1 through 704.2.3 of this code. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue open- ing will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubu- que. 702.4.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.370 m2). 702.4.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. 702.4.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one- and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, re- gardless of the valuation of the alteration. Appendix A - Do not adopt Appendix B - Do not adopt Section 3. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: . . . . M. Licensed Rental Units: 1. All rental units are subject to regular inspection and follow up re-inspection as nec- essary. 2. Not less than seven (7) calendar days prior to a scheduled inspection, the City will mail to the license holder or the license holder’s authorized representative, by reg- ular mail, notice of the date and time of the scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection, and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. The license holder shall be re- sponsible for notifying all affected tenants of each scheduled inspection. a. The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the sched- uled inspection. Section 4. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 26-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EX- ISTING BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1K-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the existing building code of the City that certain existing building code known as the International Existing Building Code, 2021 edition, published by the Inter- national Code Council, and the provisions of such existing building code shall be con- trolling for all matters covered by such existing building code within the corporate limits of the City and shall be known as the Dubuque Existing Building Code. A copy of the International Existing Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1K-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Ex- isting Building Code, 2021 edition, adopted in section 14-1K-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Building Code, here- inafter referred to as “this code.” Section 103.1 Creation Of Enforcement Agency. Amended to read: 103.1 Creation Of Enforcement Agency. There is hereby established in the City the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section 105.5 Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. Each extension shall be requested in writing and justi- fiable cause demonstrated. Section 112 Means of Appeals. Replaced with: See City of Dubuque Code of Ordi- nances section 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: 505.3 Replacement window emergency escape and rescue openings. Where win- dows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies regulated by the International Building Code and one- and two- family dwellings and townhouses regulated by the International Residential Code, re- placement windows shall be permitted to have minimum dimensions in accordance with Sections 505.3.1 through 505.3.4 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening; Provided that the replacement window shall be of a style that provides for the largest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. Section 505.3.1 Minimum size. Amended to read: 505.3.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). Section 505.3.2 Minimum dimensions. Amended to read: 505.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal op- eration of the opening. Section 505.3.3 Maximum height from floor. Amended to read: 505.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, re- gardless of the valuation of the alteration. Section 505.4 Bars, grilles, covers or screens. Amended to read: 505.4 Bars, grilles, covers, or screens. Bars, grilles, covers, screens, or similar de- vices are permitted to be placed over emergency escape and rescue openings, bulk- head enclosures, or window wells that serve such openings, provided all of the fol- lowing conditions are met: 1. Such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. 2. Where such devices are installed, they shall not reduce the net clear opening of the emergency escape and rescue openings. 3. Smoke alarms shall be installed in accordance with Section R314 of the Interna- tional Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valua- tion of the alteration. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: 702.5 Replacement window emergency escape and rescue opening. Where win- dows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies regulated by the International Building Code and one- and two- family dwellings and townhouses regulated by the International Residential Code, re- placement windows shall be permitted to have minimum dimensions in accordance with Sections 702.5.1 through 702.5.4 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. Section 702.5.1 Minimum size. Amended to read: 702.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). Section 702.5.2 Minimum dimensions. Amended to read: 702.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal op- eration of the opening. Section 702.5.3 Maximum height from floor. Amended to read: 702.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. c. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, re- gardless of the valuation of the alteration. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk 5. Adoption of the 2021 Uniform Plumbing Code: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 27-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes; and Ordinance No. 28-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes by repealing Article H Plumbing Code and adopting a new Article H Plumbing Code in lieu thereof. Seconded by Wethal. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14 Building and Development, Chapter 1 is amended by repealing Article G Fuel Gas Code. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 28-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES BY REPEALING ARTICLE H PLUMB- ING CODE AND ADOPTING A NEW ARTICLE H PLUMBING CODE IN LIEU THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1 of the City of Dubuque Code of Ordinances is hereby re- pealed and the following adopted in lieu thereof: ARTICLE H. PLUMBING CODE 14-1H-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, the Plumbing Code as adopted and amended by the State of Iowa Administrative Code 641 Chapter 25 is hereby adopted by reference as the Dubuque Plumbing Code, subject to the amendments and adoptions by the State of Iowa Department of Public Safety, and the provisions of such Plumbing Code shall be controlling for the installation, alteration, repair, relocation, replace- ment, addition to and use or maintenance of plumbing equipment and systems in all mat- ters covered by such Plumbing Code within the corporate limits of the City. A copy of the Uniform Plumbing Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1H-2: UNIFORM PLUMBING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the Uniform Plumbing Code, 2021 edition, adopted in section 14-1H-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Plumbing Code, hereinafter referred to as “this code.” Section 104.5 Fees. Amended to read: 104.5 Fees. The fees for each permit shall be as set forth by the city council. Section 104.5.3 Fee Refunds. Amended to read: 104.5.3 Fee Refunds. The Code Official may authorize the refunding of a fee as fol- lows: (1) The code official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The code official may authorize the refunding of not more than eighty (80) per- cent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (3) The code official may authorize the refunding of not more than eighty (80) per- cent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. Table 104.5 Plumbing Permit Fees. Delete Table. Table 604.1 Materials for Building Supply and Water Distribution Piping and Fittings. Amended as follows: Table 604.1 MATERIALS FOR BUILDING SUPPLY AND WATER DISTRIBUTION PIPPING AND FITTINGS MATERIAL BUILDING SUP- PLY PIPE AND FITTINGS WATER DISTRI- BUTION PIPE AND FITTINGS REFERENCED STAND- ARD(S) PIPE REFERENCED STAND- ARD(S) FITTINGS Copper and Copper Alloys X(3) X ASTMB42,ASTMB43, ASTMB75, ASTMB88, ASTMB135, ASTMB251, ASTMB302, ASTMB447 ASMEB16.15, ASMEB16.18, ASMEB16.22, ASMEB16,26, ASMEB16.50(2), AS- MEB16.51, ASSE1061, ASTMF3226, IAPMOPS117 Ductile Iron X X AWWAC151 ASMEB16.4, AWWAC110, AWWAC153 Galvanized Steel - X ASTMA53 - Malleable Iron X X - ASMEB16.3 PE-AL-PE - X ASTMF1282, CSAB137.9 ASTMF1282, ASTMF1974, CSAB137.9 PE-AL-PEX - X ASTMF1986 ASTM1986 PE-RT - X ASTMF2769, CSAB137.18 ASSE1061, ASTMD3261, ASTMF1055, ASTMF1807, ASTMF2098, ASTMF2159, ASTMF2735, ASTMF2769, CSAB137.18 PEX X(3) X ASTMF876, CSAB137.5, AWWAC904(1) ASSE1061, ASTMF877, ASTMF1807, ASTMF1960, ASTMF2080, ASTMF2159, ASTMF2735, CSAB137.5 PEX-AL-PEX - X ASTMF1281, CSAB137.10 ASTMF1281, ASTMF1974, ASTMF2434, CSAB137.10 Stainless Steel X X ASTMA269, ASTMA312, ASTMA554, ASTMA778 ASTMF3226, IAPMOPS117 Notes: 1) or Building supply or exterior cold-water applications, not for water distribution piping (2) For Brazed Fittings only (3) Building Supply water piping to the point of entrance into the building shall be Copper type K, or cast-iron water pipe. Section 604.1 Pipe, Tube, and Fittings. Add subsection as follows: 604.1.1 Building Supply piping. 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. 604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for water piping shall have a min. weight as follows: 604.3.1 Building Supply. Copper or copper alloy tube for building supply piping shall be type K to the point of entrance to a building or structure. 604.3.1 Distribution Piping. Copper or copper alloy tube for water distribution within a building or structure shall be type L or type K. Exception: Type M copper or copper alloy tubing shall be permitted to be used for water piping where piping is above-ground in, or on, a building. Section 604.10 Plastic Materials. Amend section as follows: 604.10 Plastic Materials. Approved plastic materials shall be permitted to be used in building distribution piping, provided that where metal building distribution piping is used for electrical grounding purposes, replacement piping, therefore, shall be of like materials. Exception: Where a grounding system acceptable to the Authority Having Jurisdiction is installed, inspected, and approved, the metallic pipe shall be permitted to be re- placed with nonmetallic pipe. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk 6. Amendment to Ordinance 14-9-1 Swimming Pools: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Responding to a question from the City Council, Mr. Belmont stated that the ordinance amendment updates the definition of “swimming pool” to address safety issues. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 29-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swim- ming Pools, Section 14-9-1 Definition. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTION 14-9-1 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-9-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is defined as any con- structed or prefabricated pool, hot tub, spa, or other container used for swimming, bath- ing, or wading, which is capable of containing water over twenty-four inches (24") in depth. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Jones reported on the upcoming honor flights at the Dubuque Regional Airport. Mayor Cavanagh reported on the high attendance at the recent Dubuque farmer’s markets. CLOSED SESSION Motion by Jones to convene in closed session at 8:00 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:27 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:27 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk