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7 19 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Man- ager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation PROCLAMATIONS Dubuque County Fair Week was accepted by Jamie Blum, Dubuque County Fair Manager; Americans with Disabilities 20th Anniversary was accepted by Katrina Wilberding, Proudly Ac- cessible Dubuque; and RAGBRAI Day was accepted by Keith Rahe, Dubuque Convention and Visitors Bureau. PRESENTATION Federal Transit Administration Region 7 Award for Achievement was presented by Econom- ic Development Director David Heiar and Transit Manager Barbara Morck. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: City Council of 7/6; Civil Service Commission of 6/24; Community Development Advisory Commission of 6/16; Historic Preservation Commission of 6/17; Human Rights Commission of 6/7; Long Range Planning Advisory Commission of 6/16; Park and Recreation Commission of 6/8; Zoning Advisory Commission of 7/7; Zoning Board of Adjustment of 6/24 Proof of publication of City Council Proceedings of June 21 and 22, 2010 and List of Claims and Summary of Revenues for Month Ended May 31, 2010 Library Board of Trustees Update from the Meeting of June 24, 2010 Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Troy Rabbett for property damage; Madonna Delaney for vehicle damage; Stephanie Schadl for personal injury/property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Madonna Delaney for ve- hicle damage; Troy Rabbett for property damage. Upon motion the documents were received, filed and concurred. Fiscal Year 2011 Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year 2011 Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,344,084. Upon motion the documents were received and filed and Resolution No. 253-10 Authorizing execution of a Community Development Block Grant Agreement with the U.S. De- partment of Housing and Urban Development was adopted. RESOLUTION NO. 253-10 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Com- munity Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Ur- ban Development in the amount of $1,344,084 for a twelve month program year commencing July 1, 2010 and ending June 30, 2011; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning July 1, 2010 for a Community Development Block Grant to the City of Dubuque in the amount of $1,344,084 and identified as Grant Number B- 10-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and di- rected to execute said Agreement on behalf of the City of Dubuque, Iowa. th Passed, approved and adopted this 19 day of July 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified list for the posi- tion of Police Officer. Upon motion the documents were received and filed and made a Matter of Record. July 9, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Po- lice Officer was given on April 24, 2010, followed by an agility test and an oral interview. We hereby certify that the individuals listed on the attached sheet have passed and vacancies for this position should be made from this list and that this list is good through April 30, 2011. Respectfully submitted, 2 Dan White, Chairperson Betty Takes Civil Service Commission Police Officer Bradley Hesselbacher Vincent Lara Lindsey Derby Mark Lorenzen Reed Kious Matthew Moressi Kayla Soliday Anthony Dalsing Ryan Clark Tyler Hunt David DiPuma Benjamin Bozer Danielle McNally Chelsea Dexter Jeremy Engle Luke Roth David Lois Freddy Coba Kevin Hoffman Stephen Waterman Graham Carl Brandon Stone Steven Driscoll, Jr. Jeffery Tschiggfrie Michael Brehm Austin Myers Christopher Hartmann Erik Honda Katherine Rossow Ryan Gudenkauf Ross Bauer Bradley Staner Donald Weig Billy Dieujuste Jessalyn Weber Kyle Vanderheyden David Schenk Michael Annable Andrew Boekelman Jason Ehlers Radio Dubuque: Communication from Thomas W. Parsley, General Manager – Radio Dubuque, Inc., requesting permission to conduct a fireworks display on Sunday, July 3, 2011. Upon motion the document was received, filed and approved. Fiscal Year 2011 Workers’ Compensation Excess Insurance: City Manager recommending approval of the renewal proposal from Safety National for the City’s workers’ compensation excess insurance. Upon motion the documents were received, filed and approved. Environmental Stewardship Advisory Commission: Communication from Wayne Kloster- mann, Chair – Environmental Stewardship Advisory Commission, issuing an invitation to the public to attend the Commission’s meetings to propose new and innovative ways in which the City can move further along the continuum of sustainability. Upon motion the document was received and filed. Beverly to Carlton Street – Sanitary Sewer Spot Repair Project: City Manager recommend- ing acceptance of the Beverly to Carlton Street – Sanitary Sewer Spot Repair Project as com- pleted by McDermott Excavating Co. in the final contract amount of $7,643.58. Upon motion the documents were received and filed and Resolution No. 254-10 Accepting the Beverly to Carlton Street – Sanitary Sewer Spot Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 254-10 ACCEPTING THE SANITARY SEWER SPOT REPAIR PROJECT – BEVERLY AVENUE TO CARLTON AVENUE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Sanitary Sewer Spot Repair Project – Beverly Avenue to Carlton Avenue (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted. 3 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 Finance Director is hereby directed to pay to the Contractor from the Sani- tary Sewer Maintenance Capital Improvement Program appropriation for the contract amount of $7,643.58 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SANITARY SEWER SPOT REPAIR PROJECT – BEVERLY AVENUE TO CARLTON AVENUE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Sanitary Sewer Spot Repair Project – Beverly Avenue to Carlton Avenue, that the Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $8,407.94. th Dated this 13 day of July, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 19 day of July, 2010. Jeanne F. Schneider, CMC, City Clerk Detention Basin Maintenance Assessments: City Manager recommending approval of the final assessments for the Fiscal Year 2010 Detention Basin Maintenance Program. Upon mo- tion the documents were received and filed and Resolution No. 255-10 Adopting the final as- sessment schedule for the Fiscal Year 2010 Detention Basin Maintenance Program was adopted. RESOLUTION NO. 255-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE FY2010 DETENTION BASIN MAINTENANCE PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet; is hereby approved for the FY2010 Detention Basin Maintenance Project. There is hereby assessed and levied as a special tax against and upon each of the benefit- ed properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the re- spective properties benefited by the improvements as shown in the Final Schedule of Assess- ments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the 4 City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual in- terest at nine percent (9%) computed to December 1 next following the due dates of the re- spective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the se- cond business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk FINAL ASSESSMENT SCHEDULE FOR THE FY2010 DETENTION BASIN MAINTENANCE PROJECT DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING AD- DRESS; City, State, Zip; STREET ADDRESS; VALUATION WITH IMPROVEMENT; DE- TENTION BASIN MAINTENANCE ASSESSMENT; TOTAL NET ASSESSMENT Lilly, Lorraine D.; Lot 2 Elmwood Green Sub; Nauman, Charles M.; Lot 11 Elmwood Green 1014406007; 2651 Lobo Lane; Dubuque, IA Sub; 1014405023; 800 Kane Street; Dubuque, 52001; 2651 Lobo Lane; N/A; $23.64; $23.64 IA 52001; 800 Kane Street; N/A; $23.64; $23.64 Dorman, Michael R.; Lot 3 Elmwood Green Andrews, Joshua C. & Theresa A.; Lot 13 Sub; 1014406008; 2645 Lobo Lane; Dubuque, Blk 1 Harvest View Estates First Addition; IA 52001; 2645 Lobo Lane; N/A; $23.64; $23.64 1016378016; 2365 Matthew John Drive; Dubu- Kuntz, Gerald W. & Virginia I.; Lot 4 que, IA 52002; 2365 Matthew John Drive; N/A; Elmwood Green Sub; 1014406009; 2621 Lobo $11.91; $11.91 Lane; Dubuque, IA 52001; 2621 Lobo Lane; Cardona Arbelaez, Catalina; Lot 31 Blk 1 N/A; $23.64; $23.64 Harvest View Estates First Addition; Kern, Rodney J. & Laurie A.; Lot 5 Elmwood 1016377002; 2383 Harvest View Drive; Dubu- Green Sub; 1014452024; 2605 Lobo Lane; que, IA 52002; 2383 Harvest View Drive; N/A; Dubuque, IA 52001; 2605 Lobo Lane; N/A; $11.91; $11.91 $23.64; $23.64 Carlson, John S. & Caron M.; Lot 1-14 Blk 1 Dominguez, Lorenzo & Olguin, Lisbhet; Lot 9 Harvest View Estates 1st Add; 1016378042; Elmwood Green Sub; 1014405025; 2616 Lobo 1723 E. Hill Road; Decorah, IA 52101; 2349 Lane; Dubuque, IA 52001; 2616 Lobo Lane; Matthew John Drive; N/A; $11.91; $11.91 N/A; $23.64; $23.64 Carroll, Roy W. & Nancy A.; Lot 17 Harvest Ellis, Christine L.; Lot 10 Elmwood Green View Estates 2nd Add; 1016379014; 2464 Mat- Sub; 1014405024; 2628 Lobo Lane; Dubuque, thew John Drive; Dubuque, IA 52002; 2464 IA 52001; 2628 Lobo Lane; N/A; $23.64; $23.64 Matthew John Drive; N/A; $11.91; $11.91 5 Chaston, Keith N. & Dawn S.; Lot 2 Harvest Klauer, Randall J. & Duffy, Janine P.; Lot 12 View Estates Fifth Add; 1016381009; 2509 Hil-Harvest View Estates 2nd Add; 1016378022; ton Springs Drive; Dubuque, IA 52002; 2509 2437 Matthew John Drive; Dubuque, IA 52002; Hilton Springs Drive; N/A; $11.91; $11.91 2437 Matthew John Drive; N/A; $11.91; $11.91 Clauer, Garry F. & Mary J.; Lot 2-16 Blk 1 Kluck, Jonathan P.; Lot 19 Harvest View Es- Harvest View Estates First Addition; tates 2nd Add; 1016379016; 2496 Matthew 1016378039; 2317 Matthew John Drive; Dubu-John Dr; Dubuque, IA 52001; 2496 Matthew que, IA 52002; 2317 Matthew John Drive; N/A; John Dr; N/A; $11.91; $11.91 $11.91; $11.91 Kreiling, Jeffrey R. & Trudy L.; L0t 27 Blk 1 Darter, Chad P. & Jolene M.; Lot 4 Harvest Harvest View Estates First Addition; View Estates 3rd Add; 1016379022; 2544 Mat-1016378002; 2448 Wheatland Drive; Dubuque, thew John Drive; Dubuque, IA 52002; 2544 IA 52002; 2448 Wheatland Drive; N/A; $11.91; Matthew John Drive; N/A; $11.91; $11.91 $11.91 Flores, Gerardo A.; Lot 1-33 Blk 1 Harvest Kubesheski, Joseph A. & Cindy L.; Lot 17 View Estates First Addition; 1016377042; 2381 Harvest View Estates Fifth Add; 1016376018; Matthew John Drive; Dubuque, IA 52001; 2359 2520 Hilton Springs Drive; Dubuque, IA 52002; Harvest View Drive; N/A; $11.91; $11.91 2520 Hilton Springs Drive; N/A; $11.91; $11.91 Ford, Edwin D. & Staci L.; Lot 6 Harvest Laird, Mark A. & Shelley N.; Lot 7 Blk 1 Har- View Estate Fifth Add; 1016381005; 2482 Mill-vest View Estates First Addition; 1016379008; stone Drive; Dubuque, IA 52002; 2482 Millstone 3960 Cedar Heights Court; Dubuque, IA 52002; Drive; N/A; $11.91; $11.91 3960 Cedar Heights Court; N/A; $11.91; $11.91 Geisler, Bernadine M .; Lot 2-14 Blk 1 Har-Larsen, Eric R. & Catherine Jane; Lot 19 vest View Estates 1st Add; 1016378043; 2347 Harvest View Estates Fifth Add; 1016376020; Matthew John Drive; Dubuque, IA 52002; 2347 2488 Hilton Springs Drive; Dubuque, IA 52002; Matthew John Drive; N/A; $11.91; $11.91 2488 Hilton Springs Drive; N/A; $11.91; $11.91 Gorrepati, Krishnarao & Pramila; Lot 26 Har-Lex, Douglas E & Tanya D.; Lot 4 Harvest vest View Estates Fifth Add; 1016377028; 2459 View Estates 2nd Add; 1016376007; 2473 Millstone Drive; Dubuque, IA 52002; 2459 Mill-Wheatland Drive; Dubuque, IA 52002; 2473 stone Drive; N/A; $11.91; $11.91 Wheatland Drive; N/A; $11.91; $11.91 Hafeman, Roger L. & Judith A.; Lot 33 Har-Odobasic, Zlatko & Hamida; Lot 8 Blk 1 Har- vest View Estates Fifth Add; 1016377021; 2555 vest View Estates First Addition; 1016379009; Millstone Drive; Dubuque, IA 52002; 2555 Mill-3955 Cedar Heights Court; Dubuque, IA 52003; stone Drive; N/A; $11.91; $11.91 3955 Cedar Heights Court; N/A; $11.91; $11.91 Cavanaugh, Kitty A.; Lot 2-37 Blk 1 Harvest Pierce, Ross J.; Lot 22 Harvest View Estates View Estates 1st Add; 1016377033; 2301 Har-Fifth Add; 1016376023; 2440 Hilton Springs vest View Drive; Dubuque, IA 52002; 2301 Har-Drive; Dubuque, IA 52002; 2440 Hilton Springs vest View Drive; N/A; $11.91; $11.91 Drive; N/A; $11.91; $11.91 Hensley, James M. & Molly J.; Lot 12 Har-Rambousek, Julie A.; Lot 27 Harvest View vest View Estate Fifth Add; 1016376013; 2576 Estates Fifth Add; 1016377027; 2475 Millstone Hilton Springs Drive; Dubuque, IA 52002; 2576 Drive; Dubuque, IA 52002; 2475 Millstone Hilton Springs Drive; N/A; $11.91; $11.91 Drive; N/A; $11.91; $11.91 Holesinger, David A. & Marianne; Lot 16 Redmond, Ronald J & Franziska M & Randy Harvest View Estates 2nd Add; 1016379013; R.; Lot 2 Harvest View Estates 3rd Add; 2448 Matthew John Drive; Dubuque, IA 52002; 1016378027; 2517 Matthew John Drive; Dubu- 2448 Matthew John Drive; N/A; $11.91; $11.91 que, IA 52002; 2517 Matthew John Drive; N/A; Holm, Ronald H. & Joan F.; Lot 26 Blk 1 $11.91; $11.91 Harvest View Estates First Addition; Rothenberger, Todd D. & Jill L.; Lot 29 Har- 1016378003; 2432 Wheatland Drive; Dubuque, vest View Estates Fifth Add; 1016377025; 2507 IA 52003; 2432 Wheatland Drive; N/A; $11.91; Millstone Drive; Dubuque, IA 52002; 2507 Mill- $11.91 stone Drive; N/A; $11.91; $11.91 Kelly, Kim M.; Lot 24 Harvest View Estates Roberts, Jeffrey D & Kathryn G.; Lot 28 Blk 1 Fifth Add; 1016377030; 2427 Millstone Drive; Harvest View Estates First Addition; Dubuque, IA 52002; 2427 Millstone Drive; N/A; 1016376004; 2457 Wheatland Drive; Dubuque, $11.91; $11.91 6 IA 52002; 2457 Wheatland Drive; N/A; $11.91; Bianca Drive; Dubuque, IA 52003; 1622 Bianca $11.91 Drive; N/A; $5.45; $5.45 Shearer, Paul K. & Gloria M; Lot 1-35 Blk 1 Gomoll, Amy M. & Brian S.; Lot 4 Blk 7 Jae- Harvest View Estates 1st Addition; ger Heights Sub #2 (Final Plat); 1501151017; 1016377013; 2337 Harvest View Drive; Dubu-1669 Kathy Drive; Dubuque, IA 52003; 1669 que, IA 52002; 2337 Harvest View Drive; N/A; Kathy Drive; N/A; $5.45; $5.45 $11.91; $11.91 Kelley, Bruce A. & Wendy L.; Lot 6 Blk 7 Smith, Bradford K. & Sarah A.; Lot 10 Har-Jaeger Heights Sub #2 (Final Plat); vest View Estate Fifth Add; 1016381001; 2546 1501151020; 1685 Kathy Drive; Dubuque, IA Millstone Drive; Dubuque, IA 52002; 2546 Mill-52003; 1685 Kathy Drive; N/A; $5.45; $5.45 stone Drive; N/A; $11.91; $11.91 Pichik, Marc; Lot 6 Blk 6 Jaeger Heights Sub Smith, Daniel M. & Janice M.; Lot 11 Harvest #2 (Final Plat); 1501151023; 1680 Bianca View Estates 4th Add; 1016327003; 2569 Drive; Dubuque, IA 52003; 1680 Bianca Drive; Wheatland Drive; Dubuque, IA 52002; 2569 N/A; $5.45; $5.45 Wheatland Dr; N/A; $11.91; $11.91 Homb, Norman L. & Leigh A.; Lot 10 Blk 6 Smith, Richard J. & Joyce M.; Lot 1-36 Blk 1 Jaeger Heights Sub #2 (Final Plat); Harvest View Estates 1st Add; 1016377034; 1501151027; 2073 Emily Drive; Dubuque, IA 2321 Harvest View Drive; Dubuque, IA 52002; 52003; 2073 Emily Drive; N/A; $5.45; $5.45 2321 Harvest View Drive; N/A; $11.91; $11.91 Moore Development, Ltd.; Lot 2-14 Blk 7 Steffen, James F. & Karilyn M.; Lot 2 Har-Jaeger Heights Sub #2 (Final Plat); vest View Estates 4th Add; 1016328002; 2600 1501152024; 816 Vine Street; Maquoketa, IA Matthew John Drive; Dubuque, IA 52002; 2600 52060; 1656 Kathy Drive; N/A; $5.45; $5.45 Matthew John Drive; N/A; $11.91; $11.91 Ryan, Charles F & Margreet J; Lot 3 Blk 4 Stricker, Winnifred R. & Robert L.; Lot 2-2 Jaeger Heights Sub #2 (Final Plat); Blk 1 Harvest View Estates First Addition; 1501153018; 2080 Jaeger Drive; Dubuque, IA 1016379021; 2308 Matthew John Drive; Dubu-52003; 2080 Jaeger Drive; N/A; $5.45; $5.45 que, IA 52002; 2308 Matthew John Drive; N/A; Hammel, William K. & Lavon; Lot 1 Blk 4 $11.91; $11.91 Jaeger Heights Sub #2 (Final Plat); Topf, Mark D. & Elizabeth M.; Lot 7 Harvest 1501153020; 2140 Jaeger Drive; Dubuque, IA View Estates 4th Add; 1016327010; 2565 Mat-52003; 2140 Jaeger Drive; N/A; $5.45; $5.45 thew John Drive; Dubuque, IA 52002; 2565 Carr, Cynthia Wissel & Rodewald, Stephan; Matthew John Drive; N/A; $11.91; $11.91 Unit 2 Located On Lot 3 Woodland Ridge Sub Tran, Tuan M. & Nguyen, Trang T.; Lot 8 #2; 1033226068; 530 Woodland Ridge; Dubu- Harvest View Estate Fifth Add; 1016381003; que, IA 52003; 530 Woodland Ridge; N/A; 2514 Millstone Drive; Dubuque, IA 52002; 2514 $13.46; $13.46 Millstone Drive; N/A; $11.91; $11.91 Corken, Janann V .; Unit 1 Located On Lot 4 Steinhoff, Theresa K.; Lot 1 Blk 2 Jaeger Woodland Ridge Sub #2; 1033226054; 550 Heights Sub # 2; 1501151006; 1629 Kathy Woodland Ridge; Dubuque, IA 52003; 550 Drive; Dubuque, IA 52003; 1629 Kathy Drive; Woodland Ridge; N/A; $13.46; $13.46 N/A; $5.45; $5.45 Mcintyre, Donna M.; Unit 2 Located On Lot Kirk, Joseph D. & Carrie A.; Lot 3 Blk 6 Jae-10 Woodland Ridge Sub #2; 1033226081; 6710 ger Heights Sub #2 (Final Plat); 1501151010; Firestone Place; Bradenton, Fl 34202; 575 1646 Bianca Drive; Dubuque, IA 52003; 1646 Woodland Ridge; N/A; $13.46; $13.46 TOTAL : $712.90 Bianca Drive; N/A; $5.45; $5.45 Shorey, Martin E.; Lot 1 Blk 6 Jaeger Heights Sub #2 (Final Plat); 1501151012; 1622 Heeb Street Retaining Wall Project: City Manager recommending acceptance of the Heeb Street Retaining Wall Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of $75,586.40. Upon motion the documents were received and filed and Resolution No. 256-10 Accepting the Heeb Street Retaining Wall Project and authorizing pay- ment of the contract amount to the contractor was adopted. 7 RESOLUTION NO. 256-10 ACCEPTING THE HEEB STREET RETAINING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Heeb Street Retaining Wall Reconstruc- tion Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted. 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 Finance Director is hereby directed to pay to the Contractor from the Heeb Street Retaining Wall Capital Improvement Project appropriation for the contract amount of $75,586.40 less any retained percentage provided for therein as provided in Iowa Code chap- ter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chap- ter 573. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HEEB STREET RE- TAINING WALL RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Heeb Street Retaining Wall Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $92,209.87. th Dated this 13 day of July, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 19 day of July, 2010. Jeanne F. Schneider, CMC, City Clerk Certificate of Completion – Progressive Packaging, LLC: City Manager recommending ap- proval of the issuance of a Certificate of Completion to Progressive Packaging, LLC in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements as stipulated in the Development Agreement. Upon motion the docu- ments were received, filed and approved. Provisionally Accredited Levee (PAL) Progress Report: City Manager transmitting the July 2010 Provisionally Accredited Levee (PAL) Progress Report to FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River. Upon motion the documents were received, filed and approved. Final Plat – Emerald Acres No. 6: Zoning Advisory Commission recommending approval of the final plat of Emerald Acres No. 6 as requested by Buesing & Associates. Upon motion the documents were received and filed and Resolution No. 257-10 Approving the final plat of Em- erald Acres No. 6 in the City of Dubuque, Iowa was adopted. 8 RESOLUTION NO. 257-10 APPROVING THE FINAL PLAT EMERALD ACRES NO. 6 IN THE CITY OF DUBUQUE, IO- WA. Whereas, there has been filed with the City Clerk the Final Plat Emerald Acres No. 6 in the City of Dubuque, Iowa; and Whereas, said Final Plat provides no frontage for Lot 1 and Lot 2 on a public street or ap- proved private street as required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it con- forms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow no frontage on a public street or an approved pri- vate street for Lot 1 and Lot 2. Section 2. That the Final Plat of Emerald Acres No. 6 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa upon said final plat. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Acceptance of Sheriff’s Deed – 2015 Washington Street: City Manager recommending ap- proval of the acceptance of the Sheriff’s Deed for a two-story dwelling located at 2015 Wash- ington Street. Upon motion the documents were received and filed and Resolution No. 258-10 Approving the acceptance of a Sheriff’s Deed for the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, located at 2015 Washington Street was adopted. RESOLUTION NO. 258-10 APPROVING THE ACCEPTANCE OF A SHERIFF’S DEED FOR THE NORTHERLY 46 FEET OF LOT 20 IN STEINER’S ADDITION OR SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, LOCATED AT 2015 WASH- INGTON STREET Whereas, the City of Dubuque has a secured interest in a property at 2015 Washington Street; and Whereas, this interest was subordinate to a first mortgage subject to forfeiture at a foreclo- sure sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby accepts the Sheriff’s Deed attached hereto for the property legally described as: The Northerly 46 feet of Lot 20 in Steiner’s Addition or Sub- division in the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof. Section 2. That the City Clerk be and she is hereby directed to record this Resolution and Sheriff’s Deed to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 19 day of July, 2010. 9 Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager rec- ommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were re- ceived and filed and Resolution No. 259-10 Adopting the Schedule of Assessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certi- fy the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 259-10 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CER- TIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUB- LISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 13th day of July, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the re- spective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasur- er of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. th 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS Customer Name; Service Address; Account Balance; Admin Fee; Balance 44 Main, LLC, 44 Main St., 158.82, 5.00, 163.82 Amber Cooper, 2702 Pinard St., 33.38, 5.00, Adam J Kretz, 3775 Peru Rd., 286.77, 5.00, 38.38 291.77 Amy L & Micah J Tuttle, 2945 Keokuk St., Advanced Custom Builders, LLC, 3357 Arrow-461.96, 5.00, 466.96 wood Ln., 256.35, 5.00, 261.35 Angie Grimes, 2695 Dove St., 111.07, 5.00, 116.07 10 Antonio G Conley, 1104 Riverview St., 32.22, Equity Builders, 640 Sapphire Cir., 78.65, 5.00, 5.00, 37.22 83.65 Atm Properties, LLC, 1305 Rhomberg Ave., Frank Kalb, 814 Wilson St., 18.70, 5.00, 23.70 147.95, 5.00, 152.95 Gary A Hansen, 2060 Ellen St., 300.08, 5.00, August R Schubert, 2268 White St., 705.99, 5.00, 305.08 710.99 Gary Bernhard, 1100 Roosevelt St., 131.96, 5.00, Auto & Truck Parts, Inc., 3000 Jackson St., 136.96 206.36, 5.00, 211.36 Gary Bernhard, 1110 Roosevelt St., 53.09, 5.00, Barb J Goodman, 1853 Carter Rd., 100.00, 5.00, 58.09 105.00 Gary E & Susan M Bay, 1805 Jackson St., Bill J Finn, 2010 Shelby St., 49.17, 5.00, 54.17 193.27, 5.00, 198.27 Bobbi / Brian O'Reilly, 360 S Grandview Ave., Gary E & Susan M Bay, 1815 Jackson St., 181.51, 5.00, 186.51 320.47, 5.00, 325.47 Cathy A Henkel, 1911 North Star Dr., 717.37, Greg B Cray, 745 Davis St., 253.26, 5.00, 258.26 5.00, 722.37 H & R Properties, 1586 Washington St., 140.44, Charles J Massey, 209 Dillon St., 121.66, 5.00, 5.00, 145.44 126.66 Henkel & Company, Inc., 1804 Central Ave., Chris C Clark, 2411 Rhomberg Ave., 118.77, Apt.1, 36.96, 5.00, 41.96 5.00, 123.77 Herbert A & Ruth Woller, 2990 Jackson St., Chris J Feldman, 1675 Amy Ct., 309.69, 5.00, 272.50, 5.00, 277.50 314.69 J Foht, 723 Peru Rd., 131.96, 5.00, 136.96 Christi A Powers, 267 W 17th St., 127.49, 5.00, Jackson Square Estates, LLC, 1577 Washington 132.49 St., 31.78, 5.00, 36.78 Cindy's New You, 1626 Central Ave., Apt. 1, Jacqueline R Krantz, 1040 Kelly Ln., 631.62, 310.48, 5.00, 315.48 5.00, 636.62 Cindy's New You, 1626 Central Ave., Apt. 2, Jay A Streinz, 1578 Washington St., 85.35, 5.00, 619.47, 5.00, 624.47 90.35 Clara C Finger, 1955 Clarke Dr., 23.15, 5.00, Jay C Close, 689 W Locust St., 232.60, 5.00, 28.15 237.60 Corey E Bonner, 1815 W 3rd St., 88.42, 5.00, Jayme J Mescher, 2577 Glenview Cr., 75.22, 93.42 5.00, 80.22 D W Geiger, 2600 Central Ave., 136.50, 5.00, Jeffrey T Smith, 1265 Thomas Pl., 123.98, 5.00, 141.50 128.98 Da Vinci's, LLC, 395 W 9th St., 241.58, 5.00, Jerald Brown, 1612 Rosedale, 276.23, 5.00, 246.58 281.23 Dale P Kleinschrodt, 421 Kaufmann Ave., Jesse Rans, 2008 Foye St., 80.79, 5.00, 85.79 130.50, 5.00, 135.50 Jessica Hill, 1700 Scenic View Dr., 118.70, 5.00, Dallas M Kalmes, 1038 Bluff St., 176.39, 5.00, 123.70 181.39 Jody & Jason P Mccarty, 2170 Deborah Dr., Daniel J Kane, 395 Nevada St., 83.29, 5.00, 328.24, 5.00, 333.24 88.29 John & Sally Herrig, 3087 Central Ave., 68.53, Daniel J Pfeiffer, 510 Angella St., 151.78, 5.00, 5.00, 73.53 156.78 John R Barbee, 3085 Oak View Ct., 250.13, 5.00, David B Welsh, 775 S Grandview Ave., 130.85, 255.13 5.00, 135.85 Jonathan Slaght, 3102 Asbury Rd., 32.99, 5.00, David O & Tessa A Lochner, 727 Hill St., Apt.2, 37.99 207.90, 5.00, 212.90 Joseph & Janice Healey, 84 Gandolfo St., David O Lochner, 727 Hill St., Apt. 1, 31.98, 5.00, 241.38, 5.00, 246.38 36.98 Julie Leclere, 2489 Hempstead St., 259.40, 5.00, Dawn M Snider, 154 W 23rd St., 115.38, 5.00, 264.40 120.38 Justin Oglesby, 2205 Samantha Dr., 283.56, Dean W Miller, 604 Rhomberg Ave., 87.74, 5.00, 5.00, 288.56 92.74 Katherine A Munson, 2904 Balke St., 100.23, Deutsche Bank National Trust, 475 Valeria St., 5.00, 105.23 386.79, 5.00, 391.79 Keith E Welsh, 1640 Ashton Pl., 172.29, 5.00, Don D Heim, 596 University Ave., 92.25, 5.00, 177.29 97.25 Kenneth A Ginter, 2662 Ogle St., 140.31, 5.00, Doran R & Berry, Shari L Bush, 2925 Pinard St., 145.31 407.82, 5.00, 412.82 11 Kenneth E Keller, 2054 Jackson St., # 1, 127.89, Ronald C Steuer, 3478 Kimberly Dr., 111.72, 5.00, 132.89 5.00, 116.72 Kenneth E Keller, 2054 Jackson St., # 2, 81.04, Ronald L Houselog, 716 E 22nd St., 134.35, 5.00, 86.04 5.00, 139.35 Kenny J Birch, 1414 Washington St., 238.15, Ryan Hickson, 743 Cleveland Ave., 244.97, 5.00, 5.00, 243.15 249.97 Kress Industrial Facility, LLC, Seippel Rd., Com-Sandralee M Scott, 599 W 8th St., 402.41, 5.00, mercial Park, 174.45, 5.00, 179.45 407.41 Larry P & Cheryl A Conley, 2512 Broadway St., Scotlyn Properties, 35 W 15th St., 1st, 68.14, 302.04, 5.00, 307.04 5.00, 73.14 Laurie & David Vonah, 707 Lincoln Ave., 180.25, Scotlyn Properties, 37 W 15th St., #3, 5.55, 5.00, 5.00, 185.25 10.55 Lonnie L Allen, 2565 Front St., 99.46, 5.00, Scotlyn Properties, 37 W 15th St., Apt. 1, 33.75, 104.46 5.00, 38.75 Marar Llc , Cedar Cross Rd., 1,262.88, 5.00, Scott A Runde, 35 W 15th St., Apt. 1, 41.35, 1,267.88 5.00, 46.35 Mardi Gras Estates, LLC, 2586 Central Ave., Scott A Runde, 35 W 15th St., Apt. 2, 39.20, 31.44, 5.00, 36.44 5.00, 44.20 Mark A Boland, 601 Tanzanite Dr., 118.68, 5.00, Secretary of Housing & Urban, 2224 Francis St., 123.68 Apt. 2, 131.84, 5.00, 136.84 Mark T Hittenmiller, 1615 Atlantic St., 283.24, Secretary of Housing & Urban, 2224 Francis St., 5.00, 288.24 Apt. 1, 131.84, 5.00, 136.84 Marshallese House of Praise, 2155 Rockdale Sherrie L Jones, 2790 Andrew Ct., 299.92, 5.00, Rd., 371.34, 5.00, 376.34 304.92 Mary A Gross, 503 Arlington St., 25.75, 5.00, So Fourth Pacific Rim Finance, 2225 Kerper 30.75 Blvd., 719.21, 5.00, 724.21 Michael Dennison, 595 Angella St., 283.27, 5.00, Stacy Ramaker, 828 Patricia Ann Dr., 242.91, 288.27 5.00, 247.91 Michael J Schetgen, 3922 Inwood Ave., 131.72, Staffordshire Estates, LLC, 2416 Stafford St., 5.00, 136.72 Apt. 2, 12.25, 5.00, 17.25 Michael Kane, 2222 Washington St., 389.47, Steve A Sarazin, 1315 Finley St., 162.92, 5.00, 5.00, 394.47 167.92 Mid America Property Mgmt., LLC, 2351 Wash-Tanya L Avenarius, 2015 Washington St., ington St., 64.26, 5.00, 69.26 242.84, 5.00, 247.84 Monte J Bruggeman, 2494 Hempstead St., Theresa M Sawvell, 5300 Olde Highway Rd., 347.21, 5.00, 352.21 107.20, 5.00, 112.20 Nina K Nelson, 520 Lincoln Ave., 222.36, 5.00, Thomas J & Martha J Blake, 2214 Jackson St., # 227.36 2, 163.64, 5.00, 168.64 Perry D Sopina, 116 W 13th St., 1st Fl., 24.27, Thomas J & Martha J Blake, 2305 White St., Apt. 5.00, 29.27 2, 253.82, 5.00, 258.82 Perry Sopina, 116 W 13th St., #2 2nd Fl., 99.93, Thomas J & Martha J Blake, 2414 Windsor Ave., 5.00, 104.93 Apt. 1, 265.94, 5.00, 270.94 Philip F Schromen, 713 Peru Rd., 107.47, 5.00, Timothy K Manning, 1552 Locust St., 87.75, 5.00, 112.47 92.75 Randy S Weber, 535 S Grandview Ave., 243.56, Tom J Ede, 3951 Inwood Ave., 198.54, 5.00, 5.00, 248.56 203.54 Ricky J Hurst, 3975 Inwood Ave., 113.28, 5.00, Vicki L Rako, 1017 Bluff St., 318.62, 5.00, 323.62 118.28 Vikki L Vondran, 2490 Green St., 139.34, 5.00, Rob J / Vickie L Mcmullen, 3998 Inwood Ave., 144.34 118.91, 5.00, 123.91 Wayne & Allie Ross, 556 W 17th St., 472.69, Roger D Welsh, 2093 Washington St., 609.01, 5.00, 477.69 5.00, 614.01 William Fay, 1285 Rockdale Rd., 115.26, 5.00, Ron Rudiger, 590 Angella St., 142.71, 5.00, 120.26 147.71 TOTALS: 24,355.48; 605.00; 24,960.48 PEG Capital Grant Expenditure Request: City Manager recommending approval of the Ca- ble TV Tele-Programming Commission recommendation for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities in the 12 amount of $17,000 for the Dubuque Art Center for six new Apple editing systems. Upon motion the documents were received, filed and approved. Memorandum of Understanding – Iowa Power and Light: City Manager recommending ap- proval of a proposed amendment to the Memorandum of Understanding with Iowa Power and Light for the conduct of the Smarter Electricity portion of the Smarter Sustainable Dubuque re- search partnership with IBM. Upon motion the documents were received, filed and approved. Dubuque Yacht Basin: City Manager recommending approval of Leasehold Mortgage and Security Agreement and Assignments for the Dubuque Yacht Basin, Inc. Upon motion the documents were received, filed and approved. Legislative Correspondence: Communication to Senators Tom Harkin and Charles Grassley urging opposition to Amendment 2 to H.R. 4899, the Public Safety Employer-Employee Coop- eration Act. Upon motion the documents were received and filed, Contract Cleaning Service for Mini-Bus Cleaning: City Manager recommending approval to contract with Dubuque Janitorial to provide weekly cleaning of ten mini-buses at an annual cost of $6,540. Upon motion the documents were received, filed and approved. 2010 Governor’s Volunteer Award: City Manager advising that Michelle Balek, the Ameri- Corps VISTA who has been working for the City of Dubuque since October 2009, on sustaina- bility, community outreach, volunteer coordination and organization capacity building, will re- ceive the 2010 Governor’s Volunteer Award on July 22, 2010. Upon motion the documents were received and filed. Signed Contracts: Bunker Hill Golf Course Irrigation Consultant Contract. Upon motion the document was received and filed. Liquor License Transfers: Request of the Dubuque County Historical Society to transfer the liquor license of the National Mississippi River Museum and Aquarium to 501 Bell Street for the Taste of Dubuque on August 7, 2010. Upon motion the document was received, filed and ap- proved. Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Amphi- theater for the Rock and Soul event on July 31, 2010. Upon motion the document was re- ceived, filed and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 260-10 Granting the issuance of a Class “C” Beer Permit to Road Ranger #1159 and Kwik Stop Food Mart; and Resolution No. 261-10 Granting the issuance of a Class “C” Beer/Liquor License to Shannon’s Bar and Grill, House of China, Walnut Tap and Knicker’s Saloon; a Class “B” Wine Permit to Road Ranger #1159; and a Class “WBN” (Native Wine) Permit to Kwik Stop Food Mart and Accessorize Me were adopted. RESOLUTION NO. 260-10 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and 13 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Road Ranger, LLC Road Ranger# 1159 +(Sunday Sale) 2175 Central Ave. Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) 2255 Kerper Blvd. Passed, approved and adopted this 19th day of July , 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 261-10 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Shannon’s Bar & Grill Shannon’s Bar & Grill +(Sunday Sale) 521 E. 22 nd St. House of China House of China +(Sunday Sale) 170 JFK Rd. Craig Weiner Walnut Tap +(Sunday Sale) 709 University Ave. Curtis Gerhard Knicker’s Saloon +(Sunday Sale) 2186 Central Ave. CLASS “B” WINE Road Ranger, LLC Road Ranger # 1159 2175 Central Ave. CLASS “WBN” (NATIVE WINE) Rainbo Oil Company Kwik Stop Food Mart 2255 Kerper Blvd. Accessorize Me, LLC Accessorize Me 474 Bluff St. Passed, approved and adopted this 19th day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Jobs (I-JOBS II) Application – Lower Bee Branch Creek Restoration Project: City Man- ager requesting approval to submit an application for I-JOBS II Disaster Prevention Grant Pro- gram funding for the Lower Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 262-10 Authorizing the submittal of an ap- plication to the State of Iowa I-JOBS II Disaster Prevention Grant program for funding for the Lower Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 262-10 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF IOWA I-JOBS II DISASTER PREVENTION GRANT PROGRAM FOR FUNDING FOR THE LOWER BEE BRANCH CREEK RESTORATION PROJECT 14 Whereas, in 1999 and again in 2002 and 2004, heavy rains produced flood damage spur- ring a Presidential Disaster Declarations for Dubuque County, and Whereas, the Lower Bee Branch Creek Restoration Project has been identified as one of a series of projects to provide relief from property damage due to flooding to 1,150 residents in the City of Dubuque, and Whereas, the City of Dubuque has expended $5,100,000 constructing the Carter Road de- nd tention Basin and the W. 32 Street Detention Basin to mitigate flood damage, and Whereas, the Lower Bee Branch Creek Restoration Project is required to provide further protection from property damage due to flooding, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager or his designee is hereby authorized to submit an application for I- JOBS II Disaster Prevention Grant Program for funding of the Lower Bee Branch Creek Resto- ration Project. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Jobs (I-JOBS II) Application – Water Pollution Control Plant Modifications: City Man- ager requesting approval to submit an application for I-JOBS II Disaster Prevention Grant Pro- gram funding for the excess flow management portion of the Water Pollution Control Plant Modifications. Upon motion the documents were received and filed and Resolution No. 263-10 Authorizing the submittal of an application to the State of Iowa I-JOBS II Disaster Prevention Grant program for funding for the excess flow management portion of the Water Pollution Con- trol Plant Modification Project was adopted. RESOLUTION NO. 263-10 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF IOWA I-JOBS II DISASTER PREVENTION GRANT PROGRAM FOR FUNDING FOR THE EXCESS FLOW MANAGEMENT PORTION OF THE WATER POLLUTION CONTROL PLANT MODIFICA- TION PROJECT Whereas, the City of Dubuque Water Pollution Control Plant has had violations of its NPDES permit caused directly by excess flow due to heavy rain events, and Whereas, The City of Dubuque has identified the Water Pollution Control Plant Modifications as a high priority, and Whereas a significant portion of the Water Pollution Control Plant Modifications Project is di- rectly related to excess flow management to prevent environmental incidents incurred during heavy rain events, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager or his designee is hereby authorized to submit an application for I- JOBS II Disaster Prevention Grant Program for funding of the excess flow management por- tion of the Water Pollution Control Plant Modification Project. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Braig. Motion carried 6-0. Dubuque County Historical Society Lease for Mississippi Plaza Property: City Manager rec- ommending that a public hearing be set for August 2, 2010 to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Missis- sippi River Museum and Aquarium and the new National River Center. Upon motion the doc- uments were received and filed and Resolution No. 264-10 Intent to dispose of real property by the Fourth Amendment to the Lease Agreement between the City of Dubuque and the Dubu- que County Historical Society was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. RESOLUTION NO. 264-10 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FOURTH AMENDMENT TO LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, the City of Dubuque, Iowa (City) and Dubuque County Historical Society (DCHS) entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property (Demised Premises) described in Exhibit A thereto; and Whereas, City and DCHS amended the Lease by the First, Second and Third Amendments to Lease Agreement; and Whereas, City and DCHS desire to further amend the Lease as set forth in the attached Fourth Amendment; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Fourth Amendment to the Lease with DCHS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the real property described in the Fourth Amendment to Lease between City and DCHS. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code § 364.7 of a public hearing on the City's intent nd to dispose of the real property described in the Fourth Amendment to Lease, to be held on the 2 day of August, 2010, at 6:30 o'clock p.m. at the Historic Federal Building, Dubuque, Iowa. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for August 2, 2010 to consider the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes. Upon motion the documents were received and filed and Resolution No. 265-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes of Dubu- que, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. 16 RESOLUTION NO. 265-10 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $65,000,000 SEWER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should pro- vide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $65,000,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net reve- nues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is neces- sary to comply with the provisions of the City Code of Iowa, as amended, and to publish a no- tice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, nd Dubuque, Iowa, at 6:30 o'clock PM on the 2 day of August, 2010, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes to evidence the obliga- tions of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Water Pollution Control Plant Modification Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. th Passed and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 17 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards/Commissions: Housing Commission: Three 3-year terms through August 17, 2013 (Terms of Eddy, Root and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln Ave- nue; Judy Root, 1008 Walnut Street; Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Ms. Fischer spoke in support of her appointment. Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Croissant). One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905 Wilderness Drive and Lu Ann Schmidt, 3395 Jackson Street. Ms. Schmidt spoke in support of her appointment. Appointments to the following Board: Building Code Board of Appeals: Two 3-year terms through August 1, 2013 (Terms of Schwendinger and Kolf) Journeyman/Carpenter and Archi- tect/Engineer requirements. Lynch moved to appoint James Kolf and John Schwendinger to the Building Code Board of Appeals for three-year terms through August 1, 2013. Seconded by Connors. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Key City Investment Company – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Key City Investment Company to rezone property located at 75 Kennedy Road from PUD Planned Unit Development with a PC Planned Commercial Des- ignation to C-3 General Commercial District and Zoning Advisory Commission recommending approval. Motion by Connors 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 Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 38-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassify- ing hereinafter described property located at 75 John F. Kennedy Road from PUD Planned Unit Development District with a PC Planned Commercial Designation to C-3 General Com- mercial District. Seconded by Jones. Joseph P. Kane, Kane, Norby & Reddick, representing Key City Investment Company, spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 75 JOHN F KENNEDY ROAD FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION TO C-3 GENERAL COM- MERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from PUD 18 Planned Unit Development District with a PC Planned Commercial designation to C-3 General Commercial District, to wit: Lot 1, Lot 1A, and Lot 3 Yiannias Place and Lot 2 and Lot 3 Haw- keye Highway 20 Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Sunset Ridge Reconstruction Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Sunset Ridge Reconstruction Project and City Manager recommending approval. City Manager advising that regardless of the outcome of the public hearing on the Sunset Ridge Reconstruction Project, there will be letters going out to property owners to remove ob- structions from the public right-of-way. Motion by Connors to receive and file the documents and adopt the resolutions. Seconded by Jones. Doug Henry, Fuerste Carew Law Firm, 200 Security Building, and representing 15 property owners, spoke stating that the addition of sidewalks is not a requirement of the Amer- icans with Disabilities Act and therefore should not be included in this public facility improve- ment or alteration. Mr. Henry added that there is no discrimination if no sidewalk exists. Jeff Eddy, 575 Sunset Ridge, reiterated that all area property owners submitted a petition at the March 15 meeting against the addition of sidewalks. Mr. Eddy relayed what information was provided by the City Attorney’s Office and Engineering Department and asked that the area not be treated differently than any other area within the City. Responding to questions from Coun- cil addressing the City’s sidewalk policy, Planning Services Manager Laura Carstens stated that sidewalk requirements are addressed through the City’s Unified Development Code, site development review process, and by subdivision regulations and coordinated through the En- gineering Department. City Engineer Gus Psihoyos stated that reconstruction projects within the past 10 years have included the addition of sidewalks and only those properties that will abut the proposed sidewalk are assessed. Assistant City Attorney Crenna Brumwell addressed interpretation of the ADA stating that sidewalks are considered a facility and since January 1992 alteration of a facility and new construction must provide access. City Attorney Lindahl cited the City’s Unified Development Code 11.16 which states there is a requirement for the construction of sidewalks in accordance with ADA standards. Motion by Braig to amend the motion deleting the sidewalk component from the resolution approving plans, specifications, form of contract, and estimated cost. Seconded by Lynch. City Engineer Gus Psihoyos stated that the amendment would cause re-design of the entire pro- ject. Motion failed 2-4 with Resnick, Buol, Connors, and Jones voting nay. Original motion by Connors to receive and file the documents and adopt the proposed reso- lution approving plans, specifications, form of contract, and estimated cost; and the Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruc- tion Project. Seconded by Jones. Motion failed 4-2 with Lynch and Braig voting nay. stnd Central Avenue Water Main (21 to 32 Street) Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for 19 stnd the Central Avenue Water Main (21 to 32 Street) Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 266- 10 Approving plans, specifications, form of contract, and estimated cost for the Central Avenue stnd Water Main (21 to 32 Streets) Project; Resolution No. 267-10 Resolution with respect to the stnd adoption of the Resolution of Necessity for the Central Avenue Water Main (21 to 32 Street) Project; and Resolution No. 268-10 Approving schedule of assessments and estimate of total stnd cost for the Central Avenue Water Main (21 to 32 Street) Project. Seconded by Braig. Ran- dall Hess, 595 Park Avenue, Belvidere, IA, and owner of 2691 Central Avenue, spoke in oppo- sition to the project. Amanda Haas, 2257 Central Avenue, spoke in opposition to the improve- ment citing low area incomes and Central Avenue being a highway. Mel Pothoff, 17591 Vista Drive, property owner of 2835 and 2841 Central Avenue, expressed concerns over the share of assessment costs and the effect on home valuations. Joe Puetz, 203 W. Roosevelt, proper- ty owner 2316 Central, spoke in opposition to the project until a detail of costs could be provid- ed. Richard Schmitt, 2249½ Central, asked for a clarification of the project and spoke in oppo- sition to it. Michael Brennan, 3135 Central, asked for information concerning lead pipe. Kathryn Luher, 525 Rhomberg Avenue, and owner of 2643 Central Avenue, asked for a breakdown of costs and concurred with other speakers. Mike Stowers, 2413 Central Avenue, asked how much the City is paying towards the project and if assistance is available for fixed-income property owners. Responding to questions from City Council, City Engineer Gus Psihoyos pro- vided construction detail and related costs stating that the difference in assessments is due to the east-side placement of the water main adding that property owners are responsible for their lines from the water main to the stop box and assessments could be lower. Psihoyos also explained payment options and that financial assistance is available for homeowners only. Wa- ter Plant Manager Bob Green stated that lead piping repair is not allowed, and has to be re- placed according to current standards. Green said that service lines will be evaluated for con- dition during the project and the assessment adjusted and supplied more information regarding financial assistance. He added that trenchless technology is still under review. Motion carried 6-0. RESOLUTION NO. 266-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED STND COST FOR THE CENTRAL AVENUE WATER MAIN (21 – 32 STREET) 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 the Central stnd Avenue Water Main (21 – 32 Street) Project, in the estimated amount $717,771.29, are hereby approved. th Passed, adopted and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 267-10 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSI- STND TY PROPOSED FOR THE CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the Central Avenue stnd Water Main (21 – 32 Street) Project and has given notice of the public hearing thereon as required by law; and 20 Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. th Passed, adopted and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 268-10 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR STND THE CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PROJECT NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Central stnd Avenue Water Main (21 – 32 Street) Project are hereby approved. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CENTRAL AVENUE WATER SERVICE REPLACEMENT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIP- Genesis Three Holdings, LLC; Lot 4-9 L H Lang’s TION; PARCEL #; NET ASSESSED VALUATION Add; 1024207003; $161,500; $163,965.17; 2010; VALUATION WITH IMPROVEMENT; WA- $2,465.17; -0-; $2,465.17 TER SERVICE PRIVATE LATERAL COSTS; WA- Gerhard, Curtis L.; Lot 3-9 L H Lang’s Add; TER SERVICE PRIVATE LATERAL DEFICIENCY; 1024207002; $9,400; $11,865.17; $2,465.17; -0-; TOTAL NET ASSESSMENT $2,465.17 Leslein, James; Lot 4A & S 1/3 of Lot 5 L H Plastic Center, Inc.; Lot 2"B" L H Langworthy’s Langworthy’s Add; 1024252003; $75,000; Add 2204-2204 1/2 & 2206 Central Ave.; $85,120.00; $10,120.00; -0-; $10,120.00 1024201006; $243,000; $245,465.17; $2,465.17; -0- Leslein, James; BAL S 42' Lot 12 L H Lang’s ; $2,465.17 Add; 1024207013; $16,700; $19,165.17; $2,465.17; Coursey, Wayne M. & L. Eileen; Lot 1-1-4D L H -0-; $2,465.17 Langworthy’s Add 2222-2222 1/2 Central Ave.; Udelhofen, Janet; E77'4"-S35'-N50' Lot6 & Lot 2-1024201005; $163,200; $165,665.17; $2,465.17; -0- W122'8"-S35' -N50' Lot 6 ALL IN L H Langworthy’s ; $2,465.17 Add; 1024135003; $73,400; $78,460.00; $5,060.00; Hartig Realty IV, LC; S 20'8" N25'4" Lot 1, -0-; $5,060.00 S24'8"Lot 1, N4'8" N25'4" Lot 1, S 18' of 2; National Retail Properties, LP; Lot 2-1 Beatrice 1024129037; $459,200; $474,380.00; $15,180.00; - Foods Place; 1024135005; $501,200; $507,200.00; 0-; $15,180.00 $6,000.00; -0-; $6,000.00 Hartig Realty VI, LC; Lot 2 of 4D and Lot 2 of 6F Genesis Three Holdings, LLC; LH Lang’s Add S IN L H Langworthy’s Add; 1024201003; $108,200; 35' of S 60' Lot 10 Except PT for White; $110,665.17; $2,465.17; -0-; $2,465.17 1024207007; $16,100; $18,565.17; $2,465.17; -0-; Hartig Realty VI, LC; Lot 1 of 1 of 6F IN L. H. $2,465.17 Langworthy’s Add; 1024130011; $47,000; $49,465.17; $2,465.17; -0-; $2,465.17 21 Heinold, David M.; W 1/2-S 1/2-Lot 8 "H" L H Hess, Richard J. & Nancy M.; N 1/2 Lot 2 Frank Langworthy’s Add; 1024130010; $62,000; Fosselman’s; 1013378008; $55,100; $57,565.17; $64,465.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Winter, Jason W.; W 1/2-S 1/2-Lot 10 "J" L H Frommelt, David C.; S 1/2 & N 1/2 Lot 3 F Langworthy’s Add; 1024130009; $46,800; Fosselman’s Sub; 1013378007; $39,300; $49,265.17; $2,465.17; -0-; $2,465.17 $44,230.34; $4,930.34; -0-; $4,930.34 Schmitt, Richard W. & Judy K.; S 1/2 of Lot 8 Heiderscheit, Benjamin L.; NE 1/4 Lot 8 John Tivoli Add; 1024129026; $68,100; $73,160.00; King's Dubuque; 1013377044; $42,800; $47,860.00; $5,060.00; -0-; $5,060.00 $5,060.00; -0-; $5,060.00 Conrad, Jr., Ronald J.; N 1/2 of Lot 8 Tivoli Add; Mootz, Cletus J. & Margaret A.; N 1/2 Lot 4 & S 1024129025; $61,800; $66,860.00; $5,060.00; -0-; 12 1/2 Lot 5 Frank Fosselman’s Sub; 1013378005; $5,060.00 $72,200; $77,130.34; $4,930.34; -0-; $4,930.34 Haas, Daniel J. & Amanda J.; Lot 9 Tivoli Add Copeland, Dennis W.; NE 1/4 Lot 10 John King's 2255-2257 Central Ave; 1024129024; $85,100; Dubuque; 1013377042; $73,200; $78,260.00; $90,160.00; $5,060.00; -0-; $5,060.00 $5,060.00; -0-; $5,060.00 Jellison, Kelly M. Sr., & Dawn M.; Lot 1-14N L H Sodawasser, Laura; N 15' Lot 6 & S 35' Lot 7 F Langworthy’s Add; 1024130006; $8,300; Fosselman’s Sub; 1013378002; $89,600; $10,765.17; $2,465.17; -0-; $2,465.17 $92,065.17; $2,465.17; -0-; $2,465.17 Cni Properties, LLC; Lot 2 Richardson Place; Bries, Jerome A. & Susan M.; E 1/2-Lot 12, John 1024130001; $74,700; $77,165.17; $2,465.17; -0-; King's Dubuque; 1013377041; $113,500; $2,465.17 $118,560.00; $5,060.00; -0-; $5,060.00 Carner Properties, LLC; Lot 1 Valeria Place No. Mueller, Robert E. & Sharon M.; N 34 1/2' Lot 2; 1024126032; $157,600; $162,660.00; $5,060.00; 226 & S 25' Lot 227 Davis Farm Add; 1013376018; -0-; $5,060.00 $88,400; $90,865.17; $2,465.17; -0-; $2,465.17 Puetz, Joseph F. & Jammie L.; W 1/2-N 1/2-Lot Pluym, Daniel L. & Susan E.; Lot 1-N 35' of W 20 L H Langworthy’s Add; 1013383006; $39,500; 170' of Lot 227 Davis Farm Add; 1013376014; $41,965.17; $2,465.17; -0-; $2,465.17 $69,500; $71,965.17; $2,465.17; -0-; $2,465.17 Smothers, Patricia A.; N 1/2-Lot 21 L H Langwor-Paar, Laura K.; Lot 2-16-John King's Dubuque; thy’s Add; 1013383004; $85,400; $87,865.17; 1013377036; $58,000; $63,060.00; $5,060.00; -0-; $2,465.17; -0-; $2,465.17 $5,060.00 City Of Dubuque; Lot 4 & N 96' Lot 3 Brewery Finn, James P. & Pamela A.; Lot 1-1-2-1-18 John Add; 1013382001; $387,340; $399,340.00; King's Dubuque 2523-2525 Central Ave.; $12,000.00; -0-; $12,000.00 1013377035; $84,400; $89,460.00; $5,060.00; -0-; Maro, Gerald F. & Janelda R.; S 1/2 Lot 2-171 & $5,060.00 Lot 1-2-1-171 L H Langworthy’s Add; 1013378024; Delire, Stephen P. & Janet M.; Lots 1,2, & 4 & $39,900; $42,365.17; $2,465.17; -0-; $2,465.17 Lots 1 & 2 of 3 in Dunn's Sub & Lot 2-1-2-1-18 John Schmitz, Lynn F.; Lot 1-10 Wullweber’s Sub; Kings Dubuque; 1013377034; $281,200; 1013377050; $10,000; $15,060.00; $5,060.00; $291,320.00; $10,120.00; -0-; $10,120.00 $1,295.00; $3,765.00 Dubuque Community School; Lots 231, 232, 233, Stowers, Michael R.; Lot 9 Wullweber’s Sub; 234, & 235 Lots 1 & 2 of 230, N 28'-Lot 229, & S 1/2- 1013377048; $74,100; $79,160.00; $5,060.00; -0-; Lot 236; 1013376020; $747,580; $757,440.00; $5,060.00 $9,860.00; -0-; $9,860.00 Smith, Steve J.; W 95' Lot 2-172 L H Langwor-Even, John W. & Sandra; Lot 1-1-1-241 Davis thy’s Add; 1013378013; $10,500; $12,965.17; Farm Add; 1013314020; $63,600; $68,660.00; $2,465.17; -0-; $2,465.17 $5,060.00; -0-; $5,060.00 Smith, Steve J.; Lot 1-172 & W 8' of E 75' Lot 2 of Shappel, John J. & Theresa M.; Lot 2-2 of 238 172 L H Langworthy’s Add; 1013378012; $112,400; Davis Farm Add; 1013376001; $67,900; $70,365.17; $114,865.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Routley, Jonathan J. & Mary F.; Lot 1-1 F Silvestri, Michael A & Dorothy; Lot 1-243 Davis Fosselman’s Sub 2420-2420 1/2 Central Ave; Farm Add; 1013314018; $31,700; $36,760.00; 1013378011; $50,300; $52,765.17; $2,465.17; -0-; $5,060.00; -0-; $5,060.00 $2,465.17 Genesis Two Holdings, LLC; S 1/2-269 Davis Routley, Jonathan J. & Mary F.; Lot 2-1 F Farm Add; 1013328016; $63,100; $65,565.17; Fosselman’s Sub; 1013378010; $40,600; $2,465.17; -0-; $2,465.17 $43,065.17; $2,465.17; -0-; $2,465.17 Hess, Richard J. & Nancy M.; E 1/2 of Lot 246 Straub, Harold H.; N 1/2 - E 180 '- Lot 1-6, John Davis Farm Add; 1013314014; $43,500; $48,560.00; King's Dubuque; 1013377046; $113,300; $5,060.00; -0-; $5,060.00 $118,360.00; $5,060.00; -0-; $5,060.00 22 Harrison, Gloria & James W.; Lot 247 Davis Farm Jaeger, Theodore L. & Agnese L.; W 170'-1-282, Add; 1013314012; $58,800; $63,860.00; $5,060.00; & W 170'-S 1/2 of 283 Davis Farm Add; -0-; $5,060.00 1013308003; $79,200; $81,665.17; $2,465.17; -0-; Luher, Kathryn Marie; Lot 248 Davis Farm Add; $2,465.17 1013314011; $71,300; $76,360.00; $5,060.00; -0-; Koster, Randall J. & Susan M.; Lot 262 Davis $5,060.00 Farm Add; 1013307012; $82,100; $87,160.00; Wedert, Joseph W. & Kathleen M.; N 1/2-E 1/2-$5,060.00; -0-; $5,060.00 272 Davis Farm Add; 1013328022; $64,300; Barger, Shauntae D.; S 23.5' of E 112' of Lot 263 $69,360.00; $5,060.00; -0-; $5,060.00 Davis Farm Add; 1013160002; $55,700; $60,760.00; Kuhle, Mark J. & Karen M.; W 85'-S 1/2-274 Da-$5,060.00; -0-; $5,060.00 vis Farm Add; 1013328006; $47,800; $50,265.17; Wittman, Marlin L. & Fonda F.; W 84'-W 170'-287 $2,465.17; -0-; $2,465.17 Davis Farm; 1013156015; $74,900; $77,365.17; Then, Richard Henry; N 28'-275 DAVIS Farm $2,465.17; -0-; $2,465.17 Add; 1013328003; $59,600; $62,065.17; $2,465.17; Tittle, Robert G. & Mary L.; S 1/2-W 170'-288 -0-; $2,465.17 Davis Farm; 1013156014; $51,400; $53,865.17; Schmitt, Gary C. & Mary Lou; E 1/2 of Lot 250 $2,465.17; -0-; $2,465.17 Davis Farm Add; 1013314009; $52,600; $57,660.00; Schmitt, Darlene M. & Willis C.; Lot 2-265 Davis $5,060.00; -0-; $5,060.00 Farm Add; 1013155012; $72,900; $77,960.00; Hess, Randall J. & Shirley M.; Lot 251 & S 1/2 of $5,060.00; -0-; $5,060.00 Lot 252, Davis Farm Add; 1013307024; $44,100; Sarris - Matheos, Debbie S. & Michael; Lot 2-W $54,220.00; $10,120.00; -0-; $10,120.00 170' - 290 Davis Farm; 1013156010; $81,900; Vogt, Emil F. & Delaine; Lot 253 & N 1/2 of Lot $84,365.17; $2,465.17; -0-; $2,465.17 252, Davis Farm Add; 1013307023; $1,800; Maus, Richard A. & Neva M.; N 1/2-W 170'-291 $11,920.00; $10,120.00; $7,140.00; $2,980.00 Davis Farm; 1013156008; $68,700; $71,165.17; Jones, James C. Jr., & Shirley A.; Lot 1-W 170'-$2,465.17; -0-; $2,465.17 278 Davis Farm; 1013308010; $74,900; $77,365.17; Dietz, Donald J. & Susan M.; S 39'6" of Lot 2 G R $2,465.17; -0-; $2,465.17 West's Dubuque; 1013155007; $60,100; Vogt, Delaine A.; Lot 254, Davis Farm Add; $65,160.00; $5,060.00; -0-; $5,060.00 1013307022; $64,800; $69,860.00; $5,060.00; -0-; Pothoff, Alvin J. & Kathryn E.; N 20.5' of Lot 2 & $5,060.00 S 3' of Lot 3 G R West's Add; 1013155006; $58,700; Schmitt, Eugene F. Jr.; Lot 2-W 170' of Lot 278 $63,760.00; $5,060.00; -0-; $5,060.00 Davis Farm Add; 1013308009; $59,400; $61,865.17; Pothoff, Alvin J. & Kathie E.; Lot 2 of N 57' of Lot $2,465.17; -0-; $2,465.17 3 IN G R West’s Add; 1013155005; $49,700; Kaune, David M.; W 170'-279 Davis Farm Add; $54,760.00; $5,060.00; -0-; $5,060.00 1013308008; $60,700; $63,165.17; $2,465.17; -0-; Lyle, Robin M.; Lot 1-W 170'-292 Davis Farm; $2,465.17 1013156020; $73,800; $78,860.00; $5,060.00; -0-; Farfan, Santos L. & Salome; Lot 255 David Farm $5,060.00 Add; 1013307021; $15,500; $20,560.00; $5,060.00; Keuter, Mark & Jessica; W 1/2-294 Davis Farm -0-; $5,060.00 Add; 1013156004; $85,220; $87,685.17; $2,465.17; Farfan, Santos L. & Salome; S 1/2 of Lot 256 Da--0-; $2,465.17 vis Farm Add 2735-2735 1/2 Central Ave.; Johnson, Keith A.; W 80'-E 1/2-294 Davis Farm 1013307020; $64,200; $69,260.00; $5,060.00; -0-; Add; 1013156018; $91,800; $94,265.17; $2,465.17; $5,060.00 -0-; $2,465.17 Schromen, Eldon L. & Mildred; W 170'-280 Davis Reiff, Albert J. & Melissa L.; Lot 1-N 2'-W 170' of Farm Add; 1013308007; $101,600; $104,065.17; 295 & Lot 1-1 W 170' of 296 Davis Farm Add 2880- $2,465.17; -0-; $2,465.17 2882 Central Ave.; 1013156002; $88,100; Brimeyer, Randall J.; Lot 257 Davis Farm Add; $90,565.17; $2,465.17; -0-; $2,465.17 1013307017; $46,200; $51,260.00; $5,060.00; -0-; Fuller, Raymond M.; W 85' of W 170' of Lot 297 $5,060.00 Davis Farm Add; 1013152014; $74,300; $76,765.17; Wlochal, Dale G & Linda Ann; Lot 258 Davis $2,465.17; -0-; $2,465.17 Farm Add; 1013307016; $61,900; $66,960.00; Kernall, Kris D. & Mary K.; N 30' of W 170' of Lot $5,060.00; -0-; $5,060.00 298 Davis Farm Add; 1013152012; $63,300; Weiner, Joseph J. & Catalina C.; S 1/2-W 170'-$65,765.17; $2,465.17; -0-; $2,465.17 281 Davis Farm; 1013308006; $76,090; $78,555.17; Holy Ghost Church; Lots 2-3 & 4-2 McDaniel’s $2,465.17; -0-; $2,465.17 Park Hill Lots 4,5,6,6A,7,8,1-9 all in GR West Dub; O'brien, Raymond C. & Mary; N 1/2 - W 170'-281 1013155002; $1,143,750; $1,149,750.00; $6,000.00; Davis Farm Add; 1013308005; $58,020; $60,485.17; -0-; $6,000.00 $2,465.17; -0-; $2,465.17 23 Gateways to Home; S 1/2 of W 170' of 301 Davis Miller, Franklin W. Jr. & Sheree; W 170' of Lot Farm Add; 1013152009; $66,600; $69,065.17; 312 Davis Farm; 1014233015; $113,800; $2,465.17; -0-; $2,465.17 $116,265.17; $2,465.17; -0-; $2,465.17 Henkels, Francis Wm.; S 1/2 of W 170' of Lot 302 Eisbach, Dorothy; W 85' of W 170' of Lot 313 Da- Davis Farm Add; 1013152007; $95,000; $97,465.17; vis Farm Add; 1014233011; $82,700; $85,165.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Vonhollen, Herbert C. & Verna; N 1/2 of W 170' Herrig, John W. & Sally Jo; Lot 17 G R West’s of Lot 302 Davis Farm Add; 1013152006; $67,300; Add; 1014232026; $20,700; $25,760.00; $5,060.00; $69,765.17; $2,465.17; -0-; $2,465.17 -0-; $5,060.00 Otting, Jasen & Tracy; Lot 13 G R West’s Add; Herrig, John W. & Sally Jo; Lot 18 G R West’s 1014232030; $83,000; $88,060.00; $5,060.00; -0-; Add; 1014232025; $111,100; $116,160.00; $5,060.00 $5,060.00; -0-; $5,060.00 Staver, Christopher T.; Lot 2 of Lot 308 Davis Stiles, Jeff Johnston; W 100' of N 50' of W 170' of Farm; 1013151006; $10,600; $13,065.17; Lot 315 Davis Farm Add; 1014233009; $71,900; $2,465.17; -0-; $2,465.17 $74,365.17; $2,465.17; -0-; $2,465.17 Schroeder, Richard J. & Lois J.; Lot 14 G R Stierman, Tinya M.; W 170' of Lot 316 Davis West’s Dub Add; 1014232029; $50,600; $55,660.00; Farm Add; 1014233008; $74,900; $77,365.17; $5,060.00; -0-; $5,060.00 $2,465.17; -0-; $2,465.17 Hartzell, Craig H. & Rose A.; W 170' of Lot 309 Lau, Brian A.; W 170' of Lot 317 Davis Farm; Davis Farm; 1013151002; $145,200; $147,665.17; 1014233007; $116,330; $118,795.17; $2,465.17; -0- $2,465.17; -0-; $2,465.17 ; $2,465.17 Duggan, Dustan J.; W 170' of Lot 310 Davis Brennan, Michael & Knockel,; Lot 22 AND S 45' Farm Add; 1013151001; $128,300; $130,765.17; of Lot 23 IN G R West’s Add; 1014232021; $2,465.17; -0-; $2,465.17 $115,400; $125,520.00; $10,120.00; -0-; $10,120.00 Lewin, Jennifer L.; Lot 16 G R West’s Add; Hohl, Theodore R. & Muriel; Lot 1 Kretz Corner; 1014232027; $96,200; $101,260.00; $5,060.00; -0-; 1014233018; $445,500; $447,965.17; $2,465.17; -0- $5,060.00 ; $2,465.17 TOTALS; $432,305.03; $8,435.00; $423,870.03 Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District: Proof of publication on notice of public hearing to consider an amendment to the Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street Subarea and City Manager recommending approval. Long Rang Planning Advisory Commis- sion recommending approval of the amended and restated Urban Renewal Plan for the Great- er Downtown Urban Renewal District. Motion by Jones to receive and file the documents and adopt Resolution No. 269-10 Approving the amended and restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 269-10 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT. Whereas, on June 7, 2010 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide oppor- tunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2011 budget and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 270-10 Approving Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque. Second- ed by Jones. Motion carried 6-0. RESOLUTION NO. 270-10 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Be it Resolved by the Council of the City of DUBUQUE: Section 1. Following notice published and the public hearing held, 7/21/2010, the current budget is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 19,177,697 0 19,177,697 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 19,177,697 0 19,177,697 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,080,612 0 9,080,612 Other City Taxes 6 14,628,325 0 14,628,325 Licenses & Permits 7 1,187,750 0 1,187,750 Use of Money and Property 8 17,204,673 0 17,204,673 Intergovernmental 9 41,810,047 0 41,810,047 Charges for Services 10 29,434,587 102,547 29,537,134 Special Assessments 11 229,000 0 229,000 Miscellaneous 12 6,930,645 0 6,930,645 Other Financing Sources 13 52,271,840 -1,263,071 51,008,769 Total Revenues and Other Sources 14 191,955,176 -1,160,524 190,794,652 Expenditures & Other Financing Uses Public Safety 15 23,226,178 0 23,226,178 Public Works 16 11,236,376 0 11,236,376 Health and Social Services 17 864,254 0 864,254 25 Culture and Recreation 18 9,212,448 180,084 9,392,532 Community and Economic Development 19 11,678,675 0 11,678,675 General Government 20 6,912,832 0 6,912,832 Debt Service 21 6,445,719 -728,976 5,716,743 Capital Projects 22 36,937,109 167,971 37,105,080 Total Government Activities Expendi- tures 23 106,513,591 -380,921 106,132,670 Business Type / Enterprises 24 61,034,759 0 61,034,759 Total Gov Activities & Business Expenditures 25 167,548,350 -380,921 167,167,429 Transfers Out 26 23,426,759 0 23,426,759 Total Expenditures/Transfers Out 27 190,975,109 -380,921 190,594,188 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 980,067 -779,603 200,464 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 23,257,306 0 23,257,306 Ending Fund Balance June 30 31 24,237,373 -779,603 23,457,770 th Passed this 19 day of July, 2010. Roy D. Buol, Mayor Jeanne F. Schneider, CMC, City Clerk Water Revenue Bonds: Proof of publication on notice of public hearing to consider the issu- ance of not to exceed $5,700,000 Water Revenue Bonds for water main replacements and other water system improvements and City Manager recommending approval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 271-10 Instituting proceed- ings to take additional action for the issuance of not to exceed $5,700,000 Water Revenue Bonds. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 271-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,700,000 WATER REVENUE BONDS Whereas, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $5,700,000 Water Revenue Bonds for the purpose of paying costs of constructing and equipping improvements and extensions to the Municipal Water System; and the extent of ob- jections received from residents or property owners as to the proposed issuance of Bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $5,700,000 Water Revenue Bonds for the foregoing purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Reg- ulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasona- bly expected that the water utility funds may be advanced from time to time for capital expendi- 26 tures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. th Passed and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $3,000,000 in General Obligation Urban Renewal Bonds for downtown improvements and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 272-10 Instituting proceed- ings to take additional action for the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 272-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $3,000,000 General Obligation Urban Renewal Bonds, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with construction of parking improvements and landscape projects within the Greater Down- town Urban Renewal Area, and no petition was filed calling for a referendum thereon. The fol- lowing action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,000,000 General Ob- ligation Urban Renewal Bonds, for the foregoing purposes. th Passed and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds and Refunding General Obligation Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $4,575,000 General Obliga- tion Bonds for various City projects and refunding Series 2002B General Obligation Bonds and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 273-10 Instituting proceedings to take additional action for the issuance of not to exceed $4,575,000 General Obligation Bonds. Seconded by Jones. Motion carried 6- 0. 27 RESOLUTION NO. 273-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,575,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $4,575,000 General Obligation Bonds, for the essential corporate purposes of paying costs of improvements and extensions to the municipal sanitary sewer and storm water drain- age systems; equipping the sanitation and road departments; improving the City airport grounds and facilities; the acquisition of land and other costs associated with the Bee Branch storm water project; rehabilitation and improvement of City parks; construction, reconstruction and repair of sidewalks; improvement and installation of street lighting fixtures, connections and facilities; street improvements, including installation of fiber optic conduit; and refunding and refinancing of certain outstanding indebtedness of the City, including the General Obliga- tion Bonds, Series 2002B, dated June 1, 2002, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and, ac- cordingly the following action is now considered to be in the best interests of the City and resi- dents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $4,575,000 General Ob- ligation Bonds for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Reg- ulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasona- bly expected that the general fund moneys may be advanced from time to time for capital ex- penditures which are to be paid from the proceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary expenditures or unless another declaration of intention is adopted. th Passed and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Catfish Creek Generator Installation Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Catfish Creek Generator Installation Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 274-10 Approving plans, specifications, form of contract, and estimated cost for the Catfish Creek Generator Installation Project. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 274-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CATFISH CREEK PUMPING STATION GENERATOR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 28 That the proposed plans, specifications, form of contract and estimated cost for the Catfish Creek Pumping Station Generator Project, in the estimated amount $120,000 are hereby ap- proved. th Passed, adopted and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 52 Traffic Flow Enhancement Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the US 52 Traffic Flow Enhancement Project and City Manager recommending approval. Motion by Lynch to re- ceive and file the documents and adopt Resolution No. 275-10 Approving plans, specifications, form of contract, and estimated cost for the US 52 Traffic Flow Enhancement Project. Second- ed by Braig. Motion carried 6-0. RESOLUTION NO. 275-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE US 52 TRAFFIC FLOW ENHANCEMENT 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 the US 52 Traffic Flow Enhancement Project, in the estimated amount $1,251,092.00, are hereby ap- proved. th Passed, adopted and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Safe Community Task Force: City Manager submitting the second set of recommendations from the Safe Community Task Force. Motion by Connors to receive and file the documents and refer the recommendations to staff. Seconded by Braig. Urban Strategies facilitators Su- san Glassman and Carlotta Paige provided a slide presentation on Urban Strategies and their recent work with the Safe Community Task Force. Subcommittee updates were provided by Doug Stillings (Research and Facts), Joe Knoll (Enforcement), Mary Rae Braig (Management of Physical Enforcement), Lynn Sutton (Neighborhood Engagement), and Michael Van Milligen (Section 8 Housing Choice Voucher Program). Responding to questions from City Council, Po- lice Chief Mark Dalsing stated that enforcing a juvenile curfew would have to involve a social agency resource. Connors clarified the recommendation for a Safe Community Commission. Housing and Community Development Director David Harris clarified how much rent the City can pay toward the Section 8 program per HUD requirements. Council expressed their grati- tude for the work of all the Task Force volunteers and facilitators. Buol suggested scheduling a work session and that the Task Force’s recommendation be given to staff for further considera- tion with a quick response back to Council. Motion carried 6-0. 29 Dubuque Arboretum and Botanical Gardens: Communication from Jack Frick and Norma Denlinger, Dubuque Arboretum and Botanical Gardens, regarding their “Securing the Future” fund raising campaign and naming opportunities and rights for roads in the Arboretum. Motion by Connors to receive and file and support the campaign. Seconded by Jones. Campaign Committee Chair Norma Denlinger and Campaign Treasurer Mel Graves spoke in support of the campaign. Motion carried 6-0. Dubuque Greenhouse Gas Inventory: City Manager submitting the Greenhouse Gas Inven- tory and requesting that a work session be scheduled to explore the establishment of a munic- ipal Climate Action Plan. Motion by Jones to receive and file documents and schedule a work session. Seconded by Connors. Sustainable Community Coordinator Cori Burbach provided a slide presentation. Ms Burbach and Green Dubuque Representative Raki Gianakouros re- sponded to questions from City Council regarding calculation of statistics and margin of error. Motion carried 6-0. Highway 151/61 Development Agreement – Amendment: City Manager recommending ap- proval of Amendment #4 to the Highway 151/61 Development Agreement and acquisition of Bee Branch right-of-way. Motion by Connors to receive and file the documents and adopt Res- olution No. 276-10 Authorizing Amendment #4 to a Development Agreement with Highway 151/61 Development, Inc. and acquisition of Bee Branch right-of-way. Seconded by Braig. Mo- tion carried 6-0. RESOLUTION NO. 276-10 AUTHORIZING AMENDMENT NUMBER 4 TO A DEVELOPMENT AGREEMENT WITH HWY 151 & 61 DEVELOPMENT, INC. AND ACQUSITION OF BEE BRANCH ROW Whereas, the City Council of the City of Dubuque, Iowa, approved a Development Agree- ment for the redevelopment of the Smithfield (former Dubuque Pack) site on June 5, 2006; and Whereas, the timing of certain aspects of the redevelopment plan have changed since the original agreement was authorized; and Whereas, the agreement at that time was based on conceptual plans for this drainage pro- ject and the City now has a final design for the Bee Branch ROW; and Whereas, it is mutually beneficial to move forward with this redevelopment project with re- vised time lines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment Number 4 to the Development Agreement by and between the City of Dubuque and Hwy 151 & 61 Development, LLC attached hereto, is hereby ap- proved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Development Agreement. Passed, approved and adopted this 19th day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Housing Incentive Awards: City Manager recommending approval of three pro- jects to receive certain incentives to create new housing units within the Greater Downtown Urban Renewal District. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 277-10 Approving certain awards from the Downtown Housing Incentive Pool to create 30 new market-rate housing units within the Greater Downtown Urban Renewal District. Second- ed by Connors. Motion carried 6-0. RESOLUTION NO. 277-10 APPROVING CERTAIN AWARDS FROM THE DOWNTOWN HOUSING INCENTIVE POOL TO CREATE NEW MARKET-RATE HOUSING UNITS WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has been successful in encouraging job creation and reten- tion in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project; and Whereas, the City received several applications for assistance from a Request for Proposals due May 24, 2010; and Whereas, such proposals have been reviewed by a recommendation committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the following projects to receive financial assistance for the creation of market-rate housing units within the Greater Downtown Urban Renewal Dis- trict: Address Developer Housing Units Assistance 73 CHS Forwards, LLC 299 Main Street 21 $210,000 Grant (Cooper Wagon Works Bldg.) th 426-428 W. 5 St. 4 The Fischer Companies $110,000 Grant 951-965 Main St. 7 Section 2. That the City Manager is hereby authorized and directed to execute Incentive Agreements for the approved projects. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sale of General Obligation Bonds and General Obligation Urban Renewal Bonds: City Man- ager recommending approval of the advertisement for sale of General Obligation Bonds, Se- ries 2010A, Taxable General Obligation Urban Renewal Bonds, Series 2010B and General Obligation Urban Renewal Bonds, Series 2010C. Motion by Connors to receive and file the documents and adopt Resolution No. 278-10 Directing the advertisement for sale of $4,470,000 General Obligation Bonds, Series 2010A, $2,675,000 Taxable General Obligation Urban Renewal Bonds Series 2010B and, $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 278-10 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $4,470,000 GENERAL OBLIGATION BONDS, SERIES 2010A, $2,675,000 TAXABLE GENERAL OBLIGATION 31 URBAN RENEWAL BONDS, SERIES 2010B, AND $2,825,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010C, AND APPROVING ELECTRONIC BIDDING PROCEDURES Whereas, the City of Dubuque, Iowa (the "City") is in need of funds to pay costs of im- provements and extensions to the municipal sanitary sewer and storm water drainage sys- tems; equipping the sanitation and road departments; improving the City airport grounds and facilities; the acquisition of land and other costs associated with the Bee Branch storm water project; rehabilitation and improvement of City parks; construction, reconstruction and repair of sidewalks; improvement and installation of street lighting fixtures, connections and facilities; street improvements, including installation of fiber optic conduit; and refunding and refinancing of certain outstanding indebtedness of the City, including the General Obligation Bonds, Series 2002B, dated June 1, 2002, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $4,575,000 as authorized by Section 384.25 of the City Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with the construction of street, storm- water, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District, and the funding of grants, loans and other financial assistance to private de- velopers to assist in rehabilitation of existing buildings and construction of housing develop- ment projects in the Millwork District, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $2,500,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with construction of parking improve- ments and landscape projects within the Greater Downtown Urban Renewal Area, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $3,000,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property 32 owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the fore- going Bonds for sale in three separate series, in the aggregate principal amounts as hereinaf- ter described; and Whereas, a preliminary form of Official Statement has been prepared for the purpose of of- fering the Bonds for sale to the public; and Whereas, it is appropriate that the form of the preliminary Official Statement be approved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and Whereas, the Council has received information from its Financial Consultant recommending that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bid- ding process and facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: © Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifica- tions as the Finance Director, upon the advice of bond counsel and the City's financial consult- ant, shall determine to be appropriate, and is authorized to be distributed thereafter in connec- tion with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Tele- graph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 2nd day of August, 2010, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form. th Passed and approved this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rebranding Committee for Keyline Transit: City Manager requesting that at least one City Council member volunteer to participate on the Rebranding Committee for Keyline and attend th a public meeting on July 29 at 2:30 p.m. at the Prescott Neighborhood Resource Center. Mo- tion by Connors to receive and file the documents. Seconded by Jones. Connors volunteered to be the Council representative. Motion carried 6-0. 33 2009 International Fuel Gas Code: City Manager recommending adoption of the 2009 Inter- national Fuel Gas Code. Motion by Jones to receive and file the documents and that the re- quirement 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 Connors. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 39-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Ar- ticle G Fuel Gas Code, Section 14-1G-1 Fuel Gas Code Adopted by repealing such section and enacting a new section in lieu thereof and Section 406.4.1 Test Pressure and 406.4.2 Test Duration by repealing such sections and enacting new sections in lieu thereof. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 39-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE, SECTION 14- 1G-1 FUEL GAS CODE ADOPTED BY REPEALING SUCH SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF AND SECTION 406.4.1 TEST PRESSURE AND 406.4.2 TEST DURATION BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1G-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the fuel gas code of the city that certain fuel gas code known as the international fuel gas code, 2009 edition, as prepared and edited by the International Code Council (ICC), and the provisions of such fuel gas code shall be controlling for the installation, maintenance and use of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and related accessories within the corporate limits of the city and shall be known as the Dubu- que fuel gas code. A copy of the international fuel gas code, 2009 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 406.4.1 Test Pressure and 406.4.2 Test Duration shall be deleted and replaced with the following: The test pressure to be used shall be 15 PSI for 15 minutes with a 30 PSI gauge maxi- mum pound increments on all natural and LP fuel gas piping systems of 2 PSI or less. For fuel piping systems greater than 2 PSI the test pressure shall be 50 PSI for 30 minutes with a 100 PSI gauge maximum 2 pound increments. Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 2009 International Energy Conservation Code: City Manager recommending adoption of the 2009 International Energy Conservation Code. Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for 34 passage at two Council meetings prior to the meeting at which it is to be passed be suspend- ed. Seconded by Braig. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 40-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Ar- ticle C Energy Conservation Code, Section 14-1C-1 International Energy Conservation Code Adopted by repealing such section and enacting a new section in lieu thereof and Section 14- 1C-2 International Energy Conservation Code Amendments providing for the adoption of the International Energy Conservation Code (2009) and making amendments thereto. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE C ENERGY CONSERVATION CODE, SECTION 14-1C-1 INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED BY RE- PEALING SUCH SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF AND SECTION 14-1C-2 INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE (2009) AND MAKING AMENDMENTS THERETO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1C-1 of the City of Dubuque Code of Ordinances is amended by re- pealing Sections 14-1C-1 and enacting a new Section 14-1C-1 in lieu thereof as follows: Sec. 14-1C-1 International Energy Conservation Code-Adopted. Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the energy code of the city that certain code known as the International Energy Conservation Code, 2009 Edition, and as published by the International Code Council, Inc., and the thermal efficiency provisions of such code shall be controlling in the construction of all new construction and any renovation project that effects the building thermal envelope of a structure within the corporate limits of the city and the lighting efficiency provisions of such code shall be controlling in the new construction of buildings which are open to the general public during normal business hours and shall be known as the "Dubuque Energy Code". A copy of the International Energy Conservation Code 2009 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1C-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1C-2 and enacting the following additions, deletions, modifications, or amendments of the International Energy Conservation Code, 2009 Edition, adopted in Section 14-1C-1 to read as follows: SECTION 202 GENERAL DEFINITIONS ABOVE-GRADE WALL. A wall more than 50 percent above grade and enclosing condi- tioned space. This includes between-floor spandrels, peripheral edges of floors, roof and basement knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and sky- light shafts. ACCESSIBLE. Admitting close approach as a result of not being guarded by locked doors, elevation or other effective means (see "Readily accessible"). ADDITION. An extension or increase in the conditioned space floor area or height of a building or structure. 35 AIR BARRIER. Material(s) assembled and joined together to provide a barrier to air leak- age through the building envelope. An air barrier may be a single material or a combination of materials. ALTERATION. Any construction or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a mechanical system that involves an ex- tension, addition or change to the arrangement, type or purpose of the original installation that requires a permit. APPROVED. Approval by the code official as a result of investigation and tests conducted by him or her, or by reason of accepted principles or tests by nationally recognized organiza- tions. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some imper- sonal influence, as, for example, a change in current strength, pressure, temperature or me- chanical configuration (see "Manual"). BASEMENT WALL. A wall 50 percent or more below grade and enclosing conditioned space. BUILDING. Any structure used or intended for supporting or sheltering any use or occu- pancy. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floor, roof, and any other building element that enclose conditioned space. This boundary also includes the boundary between conditioned space and any exempt or unconditioned space. C-FACTOR (THERMAL CONDUCTANCE). The coefficient of heat transmission (surface to surface) through a building component or assembly, equal to the time rate of heat flow per unit area and the unit temperature difference between the warm side and cold side surfaces (Btu/h ft2 x oF) [W/(m2 x K)]. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMMERCIAL BUILDING. For this code, all buildings that are not included in the defini- tion of "Residential buildings." CONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the conditioned space. CONDITIONED SPACE. An area or room within a building being heated or cooled, con- taining un-insulated ducts, or with a fixed opening directly into an adjacent conditioned space. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawI space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external nonload-bearing wall that is designed to separate the exterior and interior environments. DAYLIGHT ZONE. 1. Under skylights. The area under skylights whose horizontal dimension, in each direction, is equal to the skylight dimension in that direction plus either the floor-to ceiling height or the dimension to a ceiling height opaque partition, or one-half the distance to adjacent skylights or vertical fenestration, whichever is least. 2. Adjacent to vertical fenestration. The area adjacent to vertical fenestration which re- ceives daylight through the fenestration. For purposes of this definition and unless more de- tailed analysis is provided, the daylight zone depth is assumed to extend into the space a dis- tance of 15 feet (4572 mm) or to the nearest ceiling height opaque partition, whichever is less. The daylight zone width is assumed to be the width of the window plus 2 feet (610 mm) on each side, or the window width plus the distance to an opaque partition, or the window width plus one-half the distance to adjacent skylight or vertical fenestration, whichever is least. 36 DEMAND CONTROL VENTILATION (DCV). A ventilation system capability that provides for the automatic reduction of outdoor air intake below design rates when the actual occu- pancy of spaces served by the system is less than design occupancy. DUCT. A tube or conduit utilized for conveying air. The air passages of self-contained sys- tems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the transmission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanita- tion. ECONOMIZER, AIR. A duct and damper arrangement and automatic control system that allows a cooling system to supply outside air to reduce or eliminate the need for mechanical cooling during mild or cold weather. ECONOMIZER, WATER. A system where the supply air of a cooling system is cooled indi- rectly with water that is itself cooled by heat or mass transfer to the environment without the use of mechanical cooling. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed de- sign and standard reference design based on estimates of energy use. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY RECOVERY VENTILATION SYSTEM. Systems that employ air-to-air heat ex- changers to recover energy from exhaust air for the purpose of preheating, precooling, hu- midifying or dehumidifying outdoor ventilation air prior to supplying the air to a space, either directly or as part of an HVAC system. ENERGY SIMULATION TOOL. An approved software program or calculation-based meth- odology that projects the annual energy use of a building. ENTRANCE DOOR. Fenestration products used for ingress, egress and access in nonres- idential buildings, including, but not limited to, exterior entrances that utilize latching hardware and automatic closers and contain over 50-percent glass specifically designed to withstand heavy use and possibly abuse. EXTERIOR WALL. Walls including both above-grade walls and basement walls. FAN BRAKE HORSEPOWER (BHP). The horsepower delivered to the fan's shaft. Brake horsepower does not include the mechanical drive losses (belts, gears, etc.). FAN SYSTEM BHP. The sum of the fan brake horsepower of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spacers) and return it to the source or exhaust it to the outdoors. FAN SYSTEM DESIGN CONDITIONS. Operating conditions that can be expected to occur during normal system operation that result in the highest supply fan airflow rate to conditioned spaces served by the system. FAN SYSTEM MOTOR NAMEPLATE HP. The sum of the motor nameplate horsepower of all fans that are required to operate at design conditions to supply air from the heating or cooling source to the conditioned spacers) and return it to the source or exhaust it to the out- doors. FENESTRATION. Skylights, roof windows, vertical windows (fixed or moveable), opaque doors, glazed doors, glazed block and combination opaque/glazed doors. Fenestration in- cludes products with glass and nonglass glazing materials. F-FACTOR. The perimeter heat loss factor for slab-on-grade floors (Btu/h x ft x OF) [W/(m x K)]. 37 GAMBLING FACILITY – BACK OF HOUSE. Areas of a gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are only acces- sible to authorized personnel and not to the general public and guests, such as employee and delivery entrances, employee lounges and dining areas, administrative offices and meet- ing rooms, maintenance areas, storage rooms, service corridors, etc. GAMBLING FACILITY – FRONT OF HOUSE. Areas of gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are physically accessible or visible to the general public and guests, such as the exterior facades, landscap- ing, entries, lobbies, guestroom corridors, porte cocheres, retail shops, restaurants, theaters, gaming areas, guest conference and meeting rooms, other areas of entertainment or recrea- tion, etc. HEAT TRAP. An arrangement of piping and fittings, such as elbows, or a commercially available heat trap that prevents thermosyphoning of hot water during standby periods. HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tub- ing, or hot air distribution system is in contact with, or placed within or under, the slab. IDGH-EFFICACY LAMPS. Compact fluorescent lamps, T-8 or smaller diameter linear fluo- rescent lamps, or lamps with a minimum efficacy of: 1. 60 lumens per watt for lamps over 40 watts, 2. 50 lumens per watt for lamps over 15 watts to 40 watts, and 3. 40 lumens per watt for lamps 15 watts or less. HUMIDISTAT. A regulatory device, actuated by changes in humidity, used for automatic control of relative humidity. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pres- sure effects of wind or the effect of differences in the indoor and outdoor air density or both. INSULATING SHEATHING. An insulating board with a core material having a minimum R- value of R-2. KITCHEN DISPLAY. A substantially open cooking and food preparation facility, located in the front-of-house dining room/lounge area specifically for the purpose of demonstrating the function of food and drink preparation. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic in- spection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LISTED. Equipment, materials, products or services included in a list published by an or- ganization acceptable to the code official and concerned with evaluation of products or ser- vices that maintains periodic inspection of production of listed equipment or materials or peri- odic evaluation of services and whose listing states either that the equipment, material, prod- uct or service meets identified standards or has been tested and found suitable for a speci- fied purpose. LOW-VOLTAGE LIGHTING. Lighting equipment powered through a transformer such as a cable conductor, a rail conductor and track lighting. MANUAL. Capable of being operated by personal intervention (see "Automatic"). NAMEPLATE HORSEPOWER. The nominal motor horsepower rating stamped on the mo- tor nameplate. PROPOSED DESIGN. A description of the proposed building used to estimate annual en- ergy use for determining compliance based on total building performance. 38 READILY ACCESSIBLE. Capable of being reached quickly for operation, renewal or in- spection without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders or access equipment (see "Accessible"). REPAIR. The reconstruction or renewal of any part of an existing building. RESIDENTIAL BUILDING. For this code, includes R-3 buildings, as well as R-2 and R-4 buildings three stories or less in height above grade. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly includes the roof cover- ing, underlayment, roof deck, insulation, vapor retarder and interior finish. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h . ftz . °FlBtu) [(m2 . K)/W). SCREW LAMP HOLDERS. A lamp base that requires a screw-in-type lamp, such as a compact-fluorescent, incandescent, or tungsten-halogen bulb. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SKYLIGHT. Glass or other transparent or translucent glazing material installed at a slope of 15 degrees (0.26 rad) or more from vertical. Glazing material in skylights, including unit skylights, solariums, sunrooms, roofs and sloped walls is included in this definition. SLEEPING UNIT. A room or space in which people sleep, which can also include perma- nent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radiation. Solar heat gain in- cludes directly transmitted solar heat and absorbed solar radiation which is then reradiated, conducted or convected into the space. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the min- imum requirements of this code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. STOREFRONT. A nonresidential system of doors and windows mulled as a composite fenestration structure that has been designed to resist heavy use. Storefront systems include, but are not limited to, exterior fenestration systems that span from the floor level or above to the ceiling of the same story on commercial buildings. SUNROOM. A one-story structure attached to a dwelling with a glazing area in excess of 40 percent of the gross area of the structure's exterior walls and roof. THERMAL ISOLATION. Physical and space conditioning separation from conditioned space(s). The conditioned space(s) shall be controlled as separate zones for heating and cooling or conditioned by separate equipment. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable set point. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit ar- ea and unit temperature difference between the warm side and cold side airfilms (Btu/h . ft2 . OF) (W/(m2 . K»). VENTILATION. The natural or mechanical process of supplying conditioned or uncondi- tioned air to, or removing such air from, any space. 39 VENTILATION AIR. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be maintained throughout using a single controlling device. Sec. 403.2. Reserved. Sec. 505.5.1. Total connected interior lighting power. The total connected interior lighting power (watts) shall be the sum of the watts of all interior lighting equipment as determined in ac- cordance with Section 505.5.1.1 through 505.5.1.4. Exceptions: The connected power associated with the following lighting equipment is not in- cluded in the calculating total connected lighting power. 1. Specialized medical, dental, and research lighting. 2. Professional and/or competition level sports playing area lighting. 3. Display lighting for exhibits in galleries, museums, monuments, and convention centers. 4. Sleeping unit lighting in hotels, motels, boarding houses or similar buildings. 5. Emergency lighting automatically off during normal building operation. 6. Gambling Facility – Front of House areas 7. Display kitchen and bar areas. Sec. 505.5.2. Interior lighting power. The total interior lighting power (watts) is the sum of all interior lighting powers for all area in the building covered in this permit. The interior lighting power is the floor area for each building area type listed in Table 505.5.2 times the value from Table 505.5.2 for that area. For areas with high ceilings and lighting fixture mounting heights that exceed 12 feet, an adjustment factor is allowed by multiplying the LPD value from Table 505.5.2 with the adjustment factor in Table 505.5.3. For the purposes of this method, an "area" shall be defined as all contiguous spaces that accommodate or are associated with a single building area type as listed in Table 505.5.2 When this method is used to calculate the total in- terior lighting power for an entire building, each building area type shall be treated as a separate area. TABLE 505.5.3 ADJUSTMENTS FOR MOUNTING HEIGHTS ABOVE FLOOR Height (in feet) above the finished floor to Multiply LPD by the bottom of luminaire(s) 12 or less 1.0 13 1.05 14 1.10 15 1.15 16 1.21 17 1.47 18 1.65 19 1.84 20 or more 2.04 Sec. 505.6. Exterior lighting. (Mandatory). When the power for the exterior lighting is supplied through the energy service to the building, all exterior lighting, other than low-voltage lighting, shall comply with Sections 505.6.1 and 505.6.2. Exceptions: 1. Where approved because of historical, safety, signage or emergency considerations. 40 2. Light Emitting Diode (LED), neon, and cold cathode exterior lamp sources. 3. Gambling Facility – Front of House areas Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 2009 International Building Code: City Manager recommending adoption of the 2009 Inter- national Building Code. Motion by Connors to receive and file the documents and that the re- quirement 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 Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 41-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14-1A-1 International Building Code Adopted and Section 14-1A-2 International Building Code Amendments by repealing such sec- tions and enacting new Sections 14-1A-1 and 14-1A-2 in lieu thereof adopting the 2009 Inter- national Building Code and providing for the issuance of permits and collection of fees there- fore. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED AND SECTION 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 14-1A-1 AND 14-1A-2 IN LIEU THEREOF ADOPTING THE 2009 INTERNATIONAL BUILDING CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR 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 amended by re- pealing Section 14-1A-1 and enacting a new Section 14-1A-1 in lieu thereof as follows: Sec. 14-1A-1. International Building Code - Adopted. Except as hereinafter added to, deleted, modified, or amended, there is hereby adopt- ed by reference as the building code of the city that certain building code known as the International Building Code, 2009 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construc- tion 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, 2009 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 amended by re- pealing Section 14-1A-2 and enacting the following additions, deletions, modifications, or amendments of the International Building Code, 2009 Edition, adopted in Section 14-1A-1 to read as follows: 41 Sec. 101.2 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this ju- risdiction, except work located primarily in a public way, public utility towers and poles, me- chanical equipment not specifically regulated in this code, and hydraulic flood control struc- tures. For additions, alterations, moving and maintenance of buildings and structures, see Chapter 34 of the International Building Code. For temporary buildings and structures, see Section 3103 of the International Building Code. Historic buildings. Repairs, alterations and additions necessary for the preservation, res- toration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conser- vation (UCBC) or Title 14, Chapter 5 of the City of Dubuque Code of Ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Sec 101.4.4. Property Maintenance. The provisions of the International Property Mainte- nance Code, excluding Appendix A, shall apply to existing structures and premises; equip- ment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures. Sec. 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, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The Building Official is author- ized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one-hundred eighty (180) days; pro- vided, that a fee is paid for each renewal as set by the City Manager. All City of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Sec. 113. Building Code and Advisory Appeals Board. A. Board Created. There is hereby created a Building Code and Advisory Appeals Board. B. Mission. The mission of the Building Code and Advisory Appeals Board shall be to de- termine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the Building Code, and to advise the City Council on all building construction regulations and procedures. C. Internal Organization and Rules. The Board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. D. Procedures for Operation. All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the Board in all its operations. E. Membership. 1. The Building Code Advisory and Appeals Board shall consist of five (5) residents of the City of Dubuque, appointed by the City Council. 2. Special Qualifications. a. One (1) member shall be an architect or engineer registered in the State of Iowa; 42 b. One (1) member shall be a general building construction contractor; c. One (1) member shall be a journeyman carpenter; and, d. Two (2) members shall be from the public at-large. F. Terms. The term of office for members of the Building Code Advisory and Appeals Board shall be three (3) years. All officers shall be eligible to serve successive terms of of- fice. G. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. H. Officers/Organization. The Board shall choose annually, from its own membership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or designee, shall be secretary of the Board. The Board shall fill vacancies among its offic- ers for the remainder of the unexpired term. I. Meetings. 1. Regular Meetings. The Building Code Advisory and Appeals Board shall meet upon call of the chairperson, secretary or city manager. 2. Special Meetings. Special meetings may be called by the chairperson or at the writ- ten request of three (3) members by giving at least twenty-four (24) hours notice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Building Code Advisory and Appeals Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Three (3) members of the Board shall constitute a quorum for the transac- tion of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. J. Compensation. The members of the Building Code Advisory and Appeals Board creat- ed by this Chapter shall serve without compensation, provided that they may receive reim- bursement for necessary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. K. Removal. The City Council may remove any member of any board or commission which it has established. L. Powers. The Building Code Advisory and Appeals Board shall have the following pow- ers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any require- ments resulting from the enforcement of the building code may appeal from such decision to the Building Code Board and said Board shall serve as an appeal board. In case the aggrieved party is a member of said Board, said member shall be disqualified as a mem- ber of the Board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such ap- peal to the building official within seven (7) days of receipt of decision from which the ap- 43 peal is taken. The Building Code Board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or, b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this Code. On issues before the Board involving the Americans with Disabilities Act (ADA) the Board may elect to seek input from ADA advocates in the community. If the Board elects to seek input from ADA advocates in the community the Board shall consult with a mini- mum of two (2) individuals. M. Limitations of Authority. The board of appeals shall have no authority relative to inter- pretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, pro- vided it finds the proposed material or method of construction is satisfactory for the use in- tended and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, fire resistance, and safety. Sec. 114 Violations 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 and every day or portion thereof during which any such unlawful act is committed, con- tinued or permitted and upon conviction shall be punishable as provided in Title 1 of the 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 pro- vided for violation thereof. Sec. 116. Unsafe Structures and Equipment All buildings or structures regulated by this code which are structurally unsafe or not pro- vided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate mainte- nance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statu- ary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building ap- pendages. 44 All such unsafe buildings, structures or appendages are hereby declared to be public nui- sances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Title 14, Chapter 3 of the Code of Ordinances. Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 2009 International Residential Code: City Manager recommending adoption of the 2009 In- ternational Residential Code. Motion by Lynch 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 Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 42-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B International Residential Code, Section 14-1B-1 International Residential Code Adopted and Section 14-1B-2 International Residential Code Amendments by repealing such sections and enacting new Sections 14-1B-1 and 14-1B-2 adopting the 2009 International Residential Code and providing for the issuance of permits and collection of fees therefore. Responding to questions from City Council, Zoning Advisory Commissioner and Homebuilders Association representative Ron Smith, 1640 Justin Lane, stated that the referenced sprinkler systems for residential properties is cost prohibitive and needs to be addressed by the State. The Homebuilders Association is looking at options. Motion carried 6-0. Building Services Manager Rich Russell reiterated the competitive disadvantage regarding the sprinkler systems and described the makeup of the Building Code Board of Appeals. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B INTERNATIONAL RESIDENTIAL CODE, SECTION 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND SECTION 14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 14-1B-1 AND 14-1B- 2 ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR 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 amended by enacting a new Section 14-1B-1 as follows: Sec. 14-1B-1. International Residential Code - Adopted. Except as hereinafter added to, deleted, modified, or amended, there is hereby adopt- ed by reference as the building code of the city that certain building code known as the International Residential Code, 2009 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construc- tion, remodeling, maintenance, repair, and reconstruction of one and two family residen- tial buildings and in all matters covered by such building code within the corporate limits 45 of the city and shall be known as the "Dubuque Residential Building Code." A copy of the International Residential Code, 2009 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 amended by enacting the following additions, deletions, modifications, or amendments of the International Residential Code, 2009 Edition, adopted in Section 14-1B-1 to read as follows: Sec. R103.1. Creation of enforcement agency. There is hereby established in the city the building services department, which shall be under the jurisdiction of the building official. Sec. 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 not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. R112. Building Code and Advisory Appeals Board. An appeal of a decision rendered under the International Residential Code shall be brought to the Building Code and Advisory Appeals Board as outlined in City of Dubuque Code of Ordinances, Title 14, Chapter 1, Article A. Sec. R113. Violations. 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 and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Title l of the 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. Sec. 310.1. Emergency Escape and Rescue Required. Basements, habitable attics, and every sleeping room shall have at least one (1) operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. EXCEPTIONS: 1. Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2). 2. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. 46 3. The finished sill height may exceed 44 inches (1118 mm) above the floor if approved by the building official and the following conditions are met: a. The exterior finish grade is more than 36 inches (914 mm) above the interior floor level of the room, OR altering the exterior configuration of the building would adversely affect the historical significance of the building. b. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the window. 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 exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window. c. The escape or rescue window shall comply with Section R310.2. d. The building is equipped with smoke detectors installed in accordance with Section R313. Sec. R311.7.7.2. Continuity. Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 1 ½ inch (38 mm) between the wall and the handrails. EXCEPTIONS: 1. Handrails shall be permitted to be interrupted by a newel post at a turn. 2. The use of a volute, turnout or starting easing shall be allowed over the lowest tread. 3. Top rails may be interrupted by walls. Sec. R313. Automatic Fire Sprinkler Systems is hereby amended by repealing such section. Sec. R404.1.2. Concrete Foundation Walls. Concrete foundation walls that support light- frame walls shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls that support above-grade concrete walls that are within the applicability limits of Section R611.2 shall be designed and constructed in accordance with the provisions of this section ACI 318, ACI 332 or PCA 100. When ACI 318, ACI 332, PCA 100 or the provisions of this section are used to design concrete foundation walls, project drawings, typical details, and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority. EXCEPTION: The following reinforcement requirements may be used as an alternative for 8” (204 mm) thick concrete foundation walls between 96 (2438 mm) and 120 inches (3048 mm) in height: #4 bars 20 inches (508 mm) on center vertically and #4 bars 24 inches (610 mm) on center horizontally. Sec. P2603.6. Freezing: As Dubuque requires a winter design temperature of 32 degrees Fahrenheit (0 degrees Celsius) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 6 inches (152 mm) below the frost line. Sec. P3114.3. Where permitted. Individual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve when approved by the building 47 official or their agent in cases where structural or existing conditions do not allow for the termination of a vent to the exterior of the structure. Individual and branch type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. Part VIII “Electrical” is hereby amended by deleting Chapters 34-43 in their entirety. Section 3. This ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 2009 International Plumbing Code: City Manager recommending adoption of the 2009 Inter- national Plumbing Code. Motion by Jones to receive and file the documents and that the re- quirement 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 Connors. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 43-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Ar- ticle H International Plumbing Code, Section 14-1H-1 International Plumbing Code Adopted by repealing such section and enacting a new section in lieu thereof and Sections 14-1H-2, 14- 1H-3, 14-1H-4, 14-1H-5, and 14-1H-6 International Plumbing Code Amendments providing for the adoption of the International Plumbing Code (2009) and making amendments thereto. Se- conded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H INTERNATIONAL PLUMBING CODE, SECTION 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED BY REPEALING SUCH SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF AND SECTIONS 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, AND 14-1H-6 INTERNATIONAL PLUMBING CODE AMENDMENTS PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL PLUMBING CODE (2009) AND MAKING AMENDMENTS THERETO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1H-1 of the City of Dubuque Code of Ordinances is amended by re- pealing Section 14-1H-1 and enacting a new Section 14-1H-1 in lieu thereof as follows: 14-1H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the plumbing code of the city that certain plumbing code known as the interna- tional plumbing code, 2009 edition, published by the International Code Council, and the provi- sions of such plumbing code shall be controlling for the installation, alteration, repair, reloca- tion, replacement, addition to and use or maintenance of plumbing equipment and systems in all matters covered by such plumbing code within the corporate limits of the city and shall be known as the Dubuque plumbing code. A copy of the international plumbing code, 2009 edi- tion, as adopted, shall be on file in the office of the city clerk for public inspection. 48 Section 2. Sections 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, and 14-1H-6 of the City of Dubuque Code of Ordinances are amended by repealing such sections and enacting the following additions, deletions, modifications, or amendments of the International Plumbing Code, 2009 Edition, adopted in Section 14-1H-1 to read as follows: Sec. 103.3. Deputies. In accordance with prescribed procedures and with the approval of the City Manager, the building official may appoint such number of assistants, inspectors, and other employees as shall be authorized from time to time. Sec. 103.4. Liability. The building official or authorized representative charged with the en- forcement of this Code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be rendered liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. A suit brought against the building official or authorized representative because of such act or omission performed by him or her in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such pro- ceedings. Sec. 104.1. Administrative Authority. The administrative authority shall be the building offi- cial who is duly appointed to enforce this Code. Sec. 104.5. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this Code, or whenever the building official or the building official's authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violations of this Code which make the building or premises unsafe, insanitary, dangerous, or hazardous, the building official or the building official's authorized representative may enter the building or premises at all reasonable times to inspect or to per- form the duties imposed upon the building official by this Code, provided that if such building or premises be occupied, the building official shall present his or her credentials to the occupant and request entry, If such building or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused the building official or the building official's authorized representative, the building official shall have recourse to every remedy provided by law to secure entry. When the building official or the building official's authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or the building official's authorized representative for the purpose of in- spection and examination pursuant to this Code. Sec. 105. Brazing and Welding. Brazing and welding shall conform to the applicable stand- ards. All brazing on medical gas systems shall be performed by certified installers meeting the requirements of the Plumbing Board. Sec. 106.1. Permits Required. It shall be unlawful for any person, firm, or corporation to make any installation, alteration, repair, replacement, or remodel any plumbing system regu- lated by this Code except as permitted in Subsection (b) of this Section, or cause the same to be done without first obtaining a separate plumbing permit for each separate building or struc- ture. Sec. 106.2. Exempt Work. A plumbing permit shall not be required for the following: (1) The clearing of stoppages or repairing of leaks in drains, soil, waste, or vent pipes; pro- vided, however, that should any concealed trap, drainpipe, soil, waste, or vent pipe be re- moved and replaced with new material, the same shall be considered as new work and a per- mit shall be procured and inspection made. 49 (2) The clearing of stoppages or repairing of leaks in piping and/or valves when such repairs do not involve or require the replacement or rearrangement of piping and/or valves. (3) The replacement of inoperable, broken, or damaged fixtures, faucets, or tanks; provided, however, that replacement items meet the requirements of the Dubuque Plumbing Code. Sec. 106.6. Permit Fees. The fees for each permit shall be as set forth by the City Council. Sec. 106.6.1. Investigation Fees; Work without a Permit. (1) Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. (2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. Sec. 106.6.3. Fee Refunds. (1) The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The building official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The building official may authorize the refunding of not more than eighty (80) percent 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. Sec. 107.1. Testing of Plumbing Work. (a) Inspections. (1) Scope. All new plumbing work and such portions of existing systems as may be af- fected by new work, or any changes, shall be inspected by the building official or a duly au- thorized representative as required in this Code. (2) Responsibility. It shall be the duty of the holder of a permit to make sure that the work will stand the test prescribed before notifying the building official that said work is ready for inspection. (3) Test. Tests shall be conducted in the presence of the building official or a duly author- ized representative. (4) Retesting. If the building official finds that the work will not pass the required test, necessary corrections shall be made and the work shall then be resubmitted for test or in- spection. (b) Testing. (1) Responsibility. The equipment, material, and labor necessary for inspection or tests shall be furnished by the person to whom the permit is issued or by whom inspection is re- quested. (2) Media. The piping of the plumbing, drainage, and venting systems shall be tested with water or air. The building official may require the removal of any cleanouts, etc., to ascertain if the pressure has reached all parts of the system. After the plumbing fixtures have been set and their traps filled with water, they shall be submitted to a final test. (3) Water Test. The water test shall be applied to the drainage and vent system either in its entirety or in sections. If applied to the entire system, all openings in the piping system shall be tightly closed, except the highest opening, and the system filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be filled with 50 water, but no section shall be tested with less than a ten-foot (3m) head of water. In testing successive sections, at least the upper ten (10) feet (3m) of the next preceding section shall be tested, so that no joint or pipe in the building (except the uppermost ten (10) feet (3m) of the system) shall have been submitted to a test of less than a ten-foot (3m) head of water. The water shall be kept in the system, or in the portion under test, for at least fifteen (15) minutes before inspection starts. The system shall then be tight at all points. (4) Air Test. The air test shall be made by attaching an air compressor testing apparatus to any suitable opening, and, after closing all other inlets and outlets to the system, forcing air into the system until there is a uniform gauge pressure of five (5) pounds per square inch (34.5kPa) or sufficient to balance a column of mercury ten (10) inches (254mm) in height. The pressure shall be held without introduction of additional air for a period of at least fifteen (15) minutes. (5) Building Sewer Test. The building sewer shall be inspected and approved by the building official before being concealed. Neither the building official nor the City shall be lia- ble for expense entailed in the removal or replacement of material required to permit inspec- tion. (6) Water Piping. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure test not less than the working pressure under which it is to be used. The water used for test shall be obtained from a potable source of supply. A fifty (50) pounds per square inch (344.5kPa) air pressure may be substituted for the water test. In either method of test, the piping shall withstand the test without leaking for a period of not less than fifteen (15) minutes. (7) Defective Systems. An air test shall be used in testing the sanitary condition of the drainage or plumbing system of any building premises when there is reason to believe that it has become defective. (8) Moved Structures. All parts of the plumbing systems of any building or structure that is moved into or within the jurisdictional limits of the City, shall be completely tested as pre- scribed elsewhere in this Section for new work, except that walls or floors need (9) Test Waived. No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system. (10) Exceptions. In cases where it would be impractical to provide the aforementioned water or air tests, or for minor installations and repairs, the building official, at the building official's discretion, may make such inspection as the building official deems advisable in order to assure the building official that the work has been performed in accordance with the intent of this Code. (11) Tests for Shower Receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The test plug shall be so placed that both upper and under sides of the subpan shall be subjected to the test at the point where it is clamped to the drain. (12) Protectively coated pipe inspection and repair shall conform to Section 318.1 of IAMPMO Installation Standard IS 13, listed in Table A. Sec. 108.3. Prosecution of violation. If the notice of violation is not complied with promptly, the Building official shall request the City Attorney’s office to institute the appropriate proceed- ing at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Sec. 108.4. Violation and Penalties. The doing of any act, or the omission of any act, de- clared to be unlawful by this Code, or any code or ordinance herein adopted by reference shall 51 be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued, or permitted and upon conviction shall be punisha- ble as provided in Title 1, Chapter 4 of the 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. Sec. 108.7.1. Authority to Condemn Equipment. Whenever the building official ascertains that any plumbing, or portion thereof, regulated by this Code has become hazardous to life, health, property, or has become insanitary, the building official shall order in writing that such plumbing either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing is to be disconnected, written notice as prescribed in Section 108.7.2 shall be given. In cases of immediate danger to life or property, such disconnection may be made immediately without such notice. Sec. 108.7.2. Authority to Order Disconnection of Utilities. The building official or the build- ing official's authorized representative shall have the authority to order disconnection of any plumbing supplied to a building, structure, or equipment regulated by this Code when the build- ing official determines that the equipment or any portion thereof has become hazardous or in- sanitary. Written notice of such order to disconnect service and the causes therefor shall be given within twenty-four (24) hours to the owner and occupant of such building, structure, or premises. However, in cases of immediate danger to life or property, such disconnection may be made immediately without such notice. The building official shall immediately notify the serving utility in writing of such order to disconnect. Sec. 108.7.3. Connection from Order to Disconnect. No person shall make connections from any energy, fuel, power supply, or water distribution system nor supply energy, fuel, or water to any equipment regulated by this Code which has been disconnected or ordered to be discon- nected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equip- ment. When any plumbing is maintained in violation of this Code, and in violation of any notice is- sued pursuant to the provisions of this Section, the building official may consult with the City Attorney’s office to institute any appropriate action to prevent, restrain, correct, or abate the violation. Sec. 109. Means of Appeal. 109.1. Board Created. There is hereby created a Plumbing Code Board. 109.2. Mission. The mission of the Plumbing Code Board shall be to determine the suitabil- ity of alternative materials and methods of installation; to provide for reasonable interpretations of the Plumbing Code; to serve as an appeal body for the decisions of the building official; to advise the City Council on all plumbing regulations and procedures; and to provide for examin- ing applicants for master plumbers and journeyman plumbers licenses and issuing master plumber and journeyman plumbers licenses.. 109.3. Internal Organization and Rules. The Board may adopt rules and regulations to gov- ern its organizational procedures as may be necessary and which are not in conflict with City or State Code. 109.4. Procedures for Operation. All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the Board in all its operations. 109.5. Membership. 1. The Plumbing Code Board shall consist of five (5) residents of the City of Dubuque, appointed by the City Council. 52 2. Special Qualifications. a. One (1) member shall hold a license as a journeyman plumber of at least five (5) years experience; b. Two (2) members shall be master plumbers who have engaged in the plumbing business as master plumbers for at least five (5) years in this City; c. One (1) member shall hold a bachelor of science degree in the area of physical sci- ences; and, d. One (1) member shall represent the public at-large. 109.6. Terms. The term of office for members of the Plumbing Code Board shall be three (3) years. All officers shall be eligible to serve successive terms of office. 109.7. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. 109.8. Officers/Organization. The Board shall choose annually, from its own membership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or the building official’s designee, shall be secretary of the Board. The Board shall fill vacancies among its officers for the remainder of the unexpired term. 109.9. Meetings. 1. Regular Meetings. The Plumbing Code Board shall meet once every three (3) months. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty-four (24) hours notice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Plumbing Code Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being ex- cused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Three (3) members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. 109.10. Compensation. The members of the Plumbing Code Board created by this Chapter shall serve without compensation, provided that they may receive reimbursement for neces- sary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. 109.11. Removal. The City Council may remove any member of any board or commission which it has established. 109.12. Powers. The Plumbing Code Board shall have the following powers, duties, and re- sponsibilities: 1. To determine the suitability of alternate materials and methods of installation. 2. To provide for reasonable interpretations of the Plumbing Code. 3. To serve as an appeal body for the decisions of the building official. 4. To advise the City Council on all plumbing regulations and procedures. 109.13. Duties when Serving as an Appeals Board. Any person who is aggrieved by a deci- sion of the building official on any requirements resulting from the enforcement of the Plumbing 53 Code, may appeal from such decision to the Plumbing Code Board and said Board shall serve as an appeal board. In case the aggrieved party is a member of said Board, said member shall be disqualified as a member of the Board acting as an appeal board, until the person ag- grieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official at the building official's office within seven (7) days of receipt of decision from which the appeal is taken. The Plumbing Code Board sitting as an appeal board shall meet within seven (7) days after receiving such notice and render a decision within five (5) days thereafter. Any interested party, including the building official, shall have the right to pre- sent their case to the appeal board, whose decision shall be final unless appealed to the dis- trict court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official incorrectly interpreted a provision of this Code; b. The decision of the building official creates an unnecessary hardship upon the appel- lant. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions of the Plumbing Code, provided it finds the proposed material or method of construction is satis- factory for the use intended and complies with the provisions of this Code, and that the ma- terial, method, or work offered is, for the purpose intended, at least equivalent to that pre- scribed by this Code in suitability, strength, effectiveness, durability, safety, and sanitation. The board of appeals shall require that sufficient evidence or proof be submitted to sub- stantiate any claims made regarding the use of alternates. SECTION 202 GENERAL DEFINITIONS ACCEPTED ENGINEERING PRACTICE. That which conforms to accepted principles, tests or standards of nationally recognized technical or scientific authorities. ACCESS (TO). That which enables a fixture, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel, door or similar obstruction (see "Ready access"). ACCESS COVER. A removable plate, usually secured by bolts or screws, to permit access to a pipe or pipe fitting for the purposes of inspection, repair or cleaning. ADAPTER FITTING. An approved connecting device that suitably and properly joins or ad- justs pipes and fittings which do not otherwise fit together. AIR ADMITTANCE VALVE. One-way valve designed to allow air to enter the plumbing drainage system when negative pressures develop in the piping system. The device shall close by gravity and seal the vent terminal at zero differential pressure (no flow conditions) and under positive internal pressures. The purpose of an air admittance valve is to provide a meth- od of allowing air to enter the plumbing drainage system without the use of a vent extended to open air and to prevent sewer gases from escaping into a building. AIR BREAK (Drainage System). A piping arrangement in which a drain from a fixture, appli- ance or device discharges indirectly into another fixture, receptacle or interceptor at a point be- low the flood level rim and above the trap seal. AIR GAP (Drainage System). The unobstructed vertical distance through the free atmos- phere between the outlet of the waste pipe and the flood level rim of the receptacle into which the waste pipe is discharging. 54 AIR GAP (Water Distribution System). The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle. ALTERNATIVE ENGINEERED DESIGN. A plumbing system that performs in accordance with the intent of Chapters 3 through 12 and provides an equivalent level of performance for the protection of public health, safety and welfare. The system design is not specifically regu- lated by Chapters 3 through 12. ANCHORS. See "Supports." ANTISIPHON. A term applied to valves or mechanical devices that eliminate siphonage. APPROVED. Acceptable to the code official or other authority having jurisdiction. APPROVED AGENCY. An established and recognized agency approved by the code offi- cial and that is regularly engaged in conducting tests or furnishing inspection services. APPROVED QUALIFIED WELTER. A person who specializes in welding of pipes and holds a valid certificate of competency from a recognized testing laboratory, based on the require- ments of the A.S.M.E. boiler and pressure vessels code, section IX or as approved by the ad- ministrative authority's testing procedures. AREA DRAIN. A receptacle designed to collect surface or storm water from an open area. ASPIRATOR. A fitting or device supplied with water or other fluid under positive pressure that passes through an integral orifice or constriction, causing a vacuum. Aspirators are also referred to as suction apparatus, and are similar in operation to an ejector. BACKFLOW. Pressure created by any means in the water distribution system, which by be- ing in excess of the pressure in the water supply mains causes a potential backflow condition. Backpressure, low head. A pressure less than or equal to 4.33 psi (29.88 kPa) or the pres- sure exerted by a 10-foot (3048 mm) column of water. Backsiphonage. The backflow of potentially contaminated water into the potable water sys- tem as a result of the pressure in the potable water system falling below atmospheric pressure of the plumbing fixtures, pools, tanks or vats connected to the potable water distribution piping. Backwater valve. A device or valve installed in the building drain or sewer pipe where a sewer is subject to backflow, and which prevents drainage or waste from backing up into a low level or fixtures and causing a flooding condition. Drainage. A reversal of flow in the drainage system. Water supply system. The flow of water or other liquids, mixtures or substances into the dis- tribution pipes of a potable water supply from any source except the intended source. BACKFLOW CONNECTION. Any arrangement whereby backflow is possible. BACKFLOW PREVENTER. A device or means to prevent backflow. BALL COCK. See "Fill valve." BASE FLOOD ELEVATION. A reference point, determined in accordance with the building code, based on the depth or peak elevation of flooding, including wave height, which has a 1 percent (100-year flood) or greater chance of occurring in any given year. BATHROOM GROUP. A group of fixtures consisting of a water closet, lavatory, bathtub or shower, including or excluding a bidet, an emergency floor drain or both. Such fixtures are lo- cated together on the same floor level. BEDPAN STEAMER OR BOILER. A fixture utilized for scalding bedpans or urinals by direct application of steam or boiling water. BEDPAN WASHER AND STERILIZER. A fixture designed to wash bedpans and to flush the contents into the sanitary drainage system. Included are fixtures of this type that provide for disinfecting utensils by scalding with steam or hot water. BEDPAN WASHER HOSE. A device supplied with hot and cold water and located adjacent to a water closet or clinical sink to be utilized for cleansing bedpans. 55 BRANCH. Any part of the piping system except a riser, main or stack. BRANCH INTERVAL. A vertical measurement of distance, 8 feet (2438 mm) or more in de- veloped length, between the connections of horizontal branches to a drainage stack. Meas- urements are taken down the stack from the highest horizontal branch connection. BRANCH VENT. A vent connecting one or more individual vents with a vent stack or stack vent. BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy. BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the dis- charge from soil, waste and other drainage pipes inside and that extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer. Combined. A building drain that conveys both sewage and storm water or other drainage. Sanitary. A building drain that conveys sewage only. Storm. A building drain that conveys storm water or other drainage, but not sewage. BUILDING SEWER. That part of the drainage system that extends from the end of the build- ing drain and conveys the discharge to a public sewer, private sewer, individual sewage dis- posal system or other point of disposal. Combined. A building sewer that conveys both sewage and storm water or other drainage. Sanitary. A building sewer that conveys sewage only. Storm. A building sewer that conveys storm water or other drainage, but not sewage. BUILDING SUBDRAIN. That portion of a drainage system that does not drain by gravity into the building sewer. BUILDING TRAP. A device, fitting or assembly of fittings installed in the building drain to prevent circulation of air between the drainage system of the building and the building sewer. CIRCUIT VENT. A vent that connects to a horizontal drainage branch and vents two traps to a maximum of eight traps or trapped fixtures connected into a battery. CISTERN. A small covered tank for storing water for a home or farm. Generally, this tank stores rainwater to be utilized for purposes other than in the potable water supply, and such tank is placed underground in most cases. CLEANOUT. An access opening in the drainage system utilized for the removal of obstruc- tions. Types of cleanouts include a removable plug or cap, and a removable fixture or fixture trap. CODE. These regulations, subsequent amendments thereto, or any emergency rule or regulation that the administrative authority having jurisdiction has lawfully adopted. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMBINATION FIXTURE. A fixture combining one sink and laundry tray or a two- or three- compartment sink or laundry tray in one unit. COMBINATION WASTE AND VENT SYSTEM. A specially designed system of waste piping embodying the horizontal wet venting of one or more sinks or floor drains by means of a com- mon waste and vent pipe adequately sized to provide free movement of air above the flow line of the drain. COMBINED BUILDING DRAIN. See "Building drain, combined." COMBINED BUILDING SEWER. See "Building sewer, combined." COMMON VENT. A vent connecting at the junction of two fixture drains or to a fixture branch and serving as a vent for both fixtures. CONCEALED FOULING SURFACE. Any surface of a plumbing fixture which is not readily visible and is not scoured or cleansed with each fixture operation. 56 CONDUCTOR. A pipe inside the building that conveys storm water from the roof to a storm or combined building drain. CONSTRUCTION DOCUMENTS. All of the written, graphic and pictorial documents pre- pared or assembled for describing the design, location and physical characteristics of the ele- ments of the project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale. CONTAMINATION. An impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, in- dustrial fluids or waste. CRITICAL LEVEL (C-L). An elevation (height) reference point that determines the minimum height at which a backflow preventer or vacuum breaker is installed above the flood level rim of the fixture or receptor served by the device. The critical level is the elevation level below which there is a potential for backflow to occur. If the critical level marking is not indicated on the de- vice, the bottom of the device shall constitute the critical level. CROSS CONNECTION. Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other either water of un- known or questionable safety or steam, gas or chemical, whereby there exists the possibility for flow from one system to the other, with the direction of flow depending on the pressure dif- ferential between the two systems (see "Backflow"). DEAD END. A branch leading from a soil, waste or vent pipe; a building drain; or a building sewer, and terminating at a developed length of 2 feet (610 mm) or more by means of a plug, cap or other closed fitting. DEPTH OF WATER SEAL. The depth of water that would have to be removed from a full trap before air could pass through the trap. DESIGN FLOOD ELEVATION. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. DEVELOPED LENGTH. The length of a pipeline measured along the centerline of the pipe and fittings. DISCHARGE PIPE. A pipe that conveys the discharges from plumbing fixtures or applianc- es. DRAIN. Any pipe that carries wastewater or water-borne wastes in a building drainage sys- tem. DRAINAGE FITTINGS. Type of fitting or fittings utilized in the drainage system. Drainage fit- tings are similar to cast-iron fittings, except that instead of having a bell and spigot, drainage fittings are recessed and tapped to eliminate ridges on the inside of the installed pipe. DRAINAGE FIXTURE UNIT Drainage (dfu). A measure of the probable discharge into the drainage system by various types of plumbing fixtures. The drainage fixture-unit value for a particular fixture depends on its volume rate of drainage discharge, on the time duration of a single drainage operation and on the average time between successive operations. DRAINAGE SYSTEM. Piping within a public or private premise that conveys sewage, rain- water or other liquid wastes to a point of disposal. A drainage system does not include the mains of a public sewer system or a private or public sewage treatment or disposal plant. Building gravity. A drainage system that drains by gravity into the building sewer. Sanitary. A drainage system that carries sewage and excludes storm, surface and ground water. Storm. A drainage system that carries rainwater, surface water, subsurface water and simi- lar liquid wastes. 57 EFFECTIVE OPENING. The minimum cross-sectional area at the point of water supply dis- charge, measured or expressed in terms of the diameter of a circle or, if the opening is not cir- cular, the diameter of a circle of equivalent cross-sectional area. For faucets and similar fit- tings, the effective opening shall be measured at the smallest orifice in the fitting body or in the supply piping to the fitting. EMERGENCY FLOOR DRAIN. A floor drain that does not receive the discharge of any drain or indirect waste pipe, and that protects against damage from accidental spills, fixture overflows and leakage. ESSENTIALLY NONTOXIC TRANSFER FLUIDS. Fluids having a Gosselin rating of 1, in- cluding propylene glycol; mineral oil; polydimethylsiloxane; hydrochlorofluoro-carbon, chloro- fluorocarbon and carbon refrigerants; and FDA-approved boiler water additives for steam boil- ers. ESSENTIALLY TOXIC TRANSFER FLUIDS. Soil, waste or gray water and fluids having a Gosselin rating of 2 or more including ethylene glycol, hydrocarbon oils, ammonia refrigerants and hydrazine. EXISTING INSTALLATIONS. Any plumbing system regulated by this code that was legally installed prior to the effective date of this code, or for which a permit to install has been issued. FAUCET. A valve end of a water pipe through which water is drawn from or held within the pipe. FILL VALVE. A water supply valve, opened or closed by means of a float or similar device, utilized to supply water to a tank. An antisiphon fill valve contains an antisiphon device in the form of an approved air gap or vacuum breaker that is an integral part of the fill valve unit and that is positioned on the discharge side of the water supply control valve. FIXTURE. See "Plumbing fixture." FIXTURE BRANCH. A drain serving two or more fixtures that discharges to another drain or to a stack. FIXTURE DRAIN. The drain from the trap of a fixture to a junction with any other drain pipe. FIXTURE FITTING Supply fitting. A fitting that controls the volume and/or directional flow of water and is either attached to or accessible from a fixture, or is used with an open or atmospheric discharge. Waste fitting. A combination of components that conveys the sanitary waste from the outlet of a fixture to the connection to the sanitary drainage system. FIXTURE SUPPLY. The water supply pipe connecting a fixture to a branch water supply pipe or directly to a main water supply pipe. FLOOD LEVEL RIM. The edge of the receptacle from which water overflows. FLOOD HAZARD AREA. The greater of the following two areas: 1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any given year. 2. The area designated as a flood hazard area on a community's flood hazard map or as otherwise legally designated. FLOW CONTROL (Vented). A device installed upstream from the interceptor having an ori- fice that controls the rate of flow through the interceptor and an air intake (vent) downstream from the orifice that allows air to be drawn into the flow stream. FLOW PRESSURE. The pressure in the water supply pipe near the faucet or water outlet while the faucet or water outlet is wide open and flowing. FLUSH TANK. A tank designed with a fill valve and flush valve to flush the contents of the bowl or usable portion of the fixture. FLUSHOMETER TANK. A device integrated within an air accumulator vessel that is de- signed to discharge a predetermined quantity of water to fixtures for flushing purposes. 58 FLUSHOMETER VALVE. A valve attached to a pressurized water supply pipe and so de- signed that when activated it opens the line for direct flow into the fixture at a rate and quantity to operate the fixture properly, and then gradually closes to reseal fixture traps and avoid water hammer. GREASE INTERCEPTOR. A plumbing appurtenance that is installed in a sanitary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has the ability to intercept free-floating fats and oils. GREASE LADEN WASTE. Effluent discharge that is produced from food processing, food preparation or other sources where grease, fats and oils enter automatic dishwater prerinse stations, sinks or other appurtenances. GREASE REMOVAL DEVICE, AUTOMATIC (GRD). A plumbing appurtenance that is in- stalled in the sanitary drainage system to intercept free-floating fats, oils and grease from wastewater discharge. Such a device operates on a time- or event-controlled basis and has the ability to remove free-floating fats, oils and grease automatically without intervention from the user except for maintenance. GRIDDED WATER DISTRIBUTION SYSTEM. A water distribution system where every wa- ter distribution pipe is interconnected so as to provide two or more paths to each fixture supply pipe. HANGERS. See "Supports." HORIZONTAL BRANCH DRAIN. A drainage branch pipe extending laterally from a soil or waste stack or building drain, with or without vertical sections or branches, that receives the discharge from two or more fixture drains or branches and conducts the discharge to the soil or waste stack or to the building drain. HORIZONTAL PIPE. Any pipe or fitting that makes an angle of less than 45 degrees (0.79 rad) with the horizontal. HOT WATER. Water at a temperature greater than or equal to 110°F (43°C). HOUSE TRAP. See "Building trap." INDIRECT WASTE PIPE. A waste pipe that does not connect directly with the drainage sys- tem, but that discharges into the drainage system through an air break or air gap into a trap, fixture, receptor or interceptor. INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A system for disposal of domestic sewage by means of a septic tank, cesspool or mechanical treatment, designed for utilization apart from a public sewer to serve a single establishment or building. INDIVIDUAL VENT. A pipe installed to vent a fixture trap and connects with the vent system above the fixture served or terminates in the open air. INDIVIDUAL WATER SUPPLY. A water supply that serves one or more families, and that is not an approved public water supply. INTERCEPTOR. A device designed and installed to separate and retain for removal, by au- tomatic or manual means, deleterious, hazardous or undesirable matter from normal wastes, while permitting normal sewage or wastes to discharge into the drainage system by gravity. JOINT Expansion. A loop, return bend or return offset that provides for the expansion and contrac- tion in a piping system and is utilized in tall buildings or where there is a rapid change of tem- perature, as in power plants, steam rooms and similar occupancies. Flexible. Any joint between two pipes that permits one pipe to be deflected or moved without movement or deflection of the other pipe. Mechanical. See "Mechanical joint." Slip. A type of joint made by means of a washer or a special type of packing compound in which one pipe is slipped into the end of an adjacent pipe. 59 LEAD-FREE PIPE AND FITTINGS. Containing not more than 8.0-percent lead. LEAD-FREE SOLDER AND FLUX. Containing not more than 0.2-percent lead. LEADER. An exterior drainage pipe for conveying storm water from roof or gutter drains to an approved means of disposal. LOCAL VENT STACK. A vertical pipe to which connections are made from the fixture side of traps and through which vapor or foul air is removed from the fixture or device utilized on bedpan washers. MACERATING TOILET SYSTEMS. An assembly consisting of a water closet and sump with a macerating pump that is designed to collect, grind and pump wastes from the water closet and up to two other fixtures connected to the sump. AIN. The principal pipe artery to which branches are connected. MANIFOLD. See "Plumbing appurtenance." MECHANICAL JOINT. A connection between pipes, fittings, or pipes and fittings that is not screwed, caulked, threaded, soldered, solvent cemented, brazed or welded. A joint in which compression is applied along the centerline of the pieces being joined. In some applications, the joint is part of a coupling, fitting or adapter. MEDICAL GAS SYSTEM. The complete system to convey medical gases for direct patient application from central supply systems (bulk tanks, manifolds and medical air compressors), with pressure and operating controls, alarm warning systems, related components and piping networks extending to station outlet valves at patient use points. MEDICAL VACUUM SYSTEMS. A system consisting of central-vacuum-producing equip- ment with pressure and operating controls, shutoff valves, alarm-warning systems, gauges and a network of piping extending to and terminating with suitable station inlets at locations where patient suction may be required. NONPOTABLE WATER. Water not safe for drinking, personal or culinary utilization. NUISANCE. Public nuisance as known in common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever structure or premises is not suffi- ciently ventilated, sewered, drained, cleaned or lighted, with respect to its intended occupancy; and whatever renders the air, or human food, drink or water supply unwholesome. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OFFSET. A combination of approved bends that makes two changes in direction bringing one section of the pipe out of line but into a line parallel with the other section. OPEN AIR. Outside the structure. PIPE WELDER. A person who specializes in welding of pipes and holds a valid certificate of competency from a recognized testing laboratory, based on the requirements of the A.S.M.E. boiler and pressure vessels code, section IX or as approved by the administrative authority's testing procedures. PLUMBING. The practice, materials and fixtures utilized in the installation, maintenance, ex- tension and alteration of all piping, fixtures, plumbing appliances and plumbing appurtenances, within or adjacent to any structure, in connection with sanitary drainage or storm drainage facil- ities; venting systems; and public or private water supply systems. PLUMBING APPLIANCE. Anyone of a special class of plumbing fixtures intended to per- form a special function. Included are fixtures having the operation or control dependent on one or more energized components, such as motors, controls, heating elements, or pressure- or temperature-sensing elements. Such fixtures are manually adjusted or controlled by the owner or operator, or are operated automatically through one or more of the following actions: a time cycle, a temperature range, a pressure range, a measured volume or weight. PLUMBING APPURTENANCE. A manufactured device, prefabricated assembly or an on- the-job assembly of component parts that is an adjunct to the basic piping system and plumb- 60 ing fixtures. An appurtenance demands no additional water supply and does not add any dis- charge load to a fixture or to the drainage system. PLUMBING FIXTURE. A receptacle or device that is either permanently or temporarily con- nected to the water distribution system of the premises and demands a supply of water there- from; discharges wastewater, liquid-borne waste materials or sewage either directly or indirect- ly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises. PLUMBING SYSTEM. Includes the water supply and distribution pipes; plumbing fixtures and traps; water-treating or water-using equipment; soil, waste and vent pipes; and sanitary and storm sewers and building drains; in addition to their respective connections, devices and appurtenances within a structure or premises. POLLUTION. An impairment of the quality of the potable water to a degree that does not create a hazard to the public health but that does adversely and unreasonably affect the aes- thetic qualities of such potable water for domestic use. POTABLE WATER. Water free from impurities present in amounts sufficient to cause dis- ease or harmful physiological effects and conforming to the bacteriological and chemical quali- ty requirements of the Public Health Service Drinking Water Standards or the regulations of the public health authority having jurisdiction. PRIVATE. In the classification of plumbing fixtures, "private" applies to fixtures in residences and apartments, and to fixtures in nonpublic toilet rooms of hotels and motels and similar in- stallations in buildings where the plumbing fixtures are intended for utilization by a family or an individual. PUBLIC OR PUBLIC UTILIZATION. In the classification of plumbing fixtures, "public" ap- plies to fixtures in general toilet rooms of schools, gymnasiums, hotels, airports, bus and rail- road stations, public buildings, bars, public comfort stations, office buildings, stadiums, stores, restaurants and other installations where a number of fixtures are installed so that their utiliza- tion is similarly unrestricted. PUBLIC WATER MAIN. A water supply pipe for public utilization controlled by public au- thority. QUICK-CLOSING VALVE. A valve or faucet that closes automatically when released manu- ally or that is controlled by a mechanical means for fast-action closing. READY ACCESS. That which enables a fixture, appliance or equipment to be directly reached without requiring the removal or movement of any panel, door or similar obstruction and without the use of a portable ladder, step stool or similar device. REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER. A backflow prevention de- vice consisting of two independently acting check valves, internally force-loaded to a normally closed position and separated by an intermediate chamber (or zone) in which there is an au- tomatic relief means of venting to the atmosphere, internally loaded to a normally open position between two tightly closing shutoff valves and with a means for testing for tightness of the checks and opening of the relief means. REGISTERED DESIGN PROFESSIONAL. An individual who is registered or licensed to practice professional architecture or engineering as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be con- structed. RELIEF VALVE Pressure relief valve. A pressure-actuated valve held closed by a spring or other means and designed to relieve pressure automatically at the pressure at which such valve is set. Temperature and pressure relief (T&P) valve. A combination relief valve designed to func- tion as both a temperature relief and a pressure relief valve. 61 Temperature relief valve. A temperature-actuated valve designed to discharge automatically at the temperature at which such valve is set. RELIEF VENT. A vent whose primary function is to provide circulation of air between drain- age and vent systems. RIM. An unobstructed open edge of a fixture. RISER. See "Water pipe, riser." ROOF DRAIN. A drain installed to receive water collecting on the surface of a roof and to discharge such water into a leader or a conductor. ROUGH-IN. Parts of the plumbing system that are installed prior to the installation of fix- tures. This includes drainage, water supply, vent piping and the necessary fixture supports and any fixtures that are built into the structure. SELF-CLOSING FAUCET. A faucet containing a valve that automatically closes upon deac- tivation of the opening means. SEPARATOR. See "Interceptor." SEWAGE. Any liquid waste containing animal or vegetable matter in suspension or solution, including liquids containing chemicals in solution. SEWAGE EJECTORS. A device for lifting sewage by entraining the sewage in a high- velocity jet of steam, air or water. SEWER Building sewer. See "Building sewer." Public sewer. A common sewer directly controlled by public authority. Sanitary sewer. A sewer that carries sewage and excludes storm, surface and ground wa- ter. Storm sewer. A sewer that conveys rainwater, surface water, subsurface water and similar liquid wastes. SLOPE. The fall (pitch) of a line of pipe in reference to a horizontal plane. In drainage, the slope is expressed as the fall in units vertical per units horizontal (percent) for a length of pipe. SOIL PIPE. A pipe that conveys sewage containing fecal matter to the building drain or building sewer. SPILLPROOF VACUUM BREAKER. An assembly consisting of one check valve force- loaded closed and an air-inlet vent valve force-loaded open to atmosphere, positioned down- stream of the check valve, and located between and including two tightly closing shutoff valves and a test cock. STACK. A general term for any vertical line of soil, waste, vent or inside conductor piping that extends through at least one story with or without offsets. STACK VENT. The extension of a soil or waste stack above the highest horizontal drain connected to the stack. STACK VENTING. A method of venting a fixture or fixtures through the soil or waste stack. STERILIZER Boiling type. A boiling-type sterilizer is a fixture of a nonpressure type utilized for boiling in- struments, utensils or other equipment for disinfection. These devices are portable or are con- nected to the plumbing system. Instrument. A device for the sterilization of various instruments. Pressure ( autoclave). A pressure vessel fixture designed to utilize steam under pressure for sterilizing. Pressure instrument washer sterilizer. A pressure instrument washer sterilizer is a pressure vessel fixture designed to both wash and sterilize instruments during the operating cycle of the fixture. Utensil. A device for the sterilization of utensils as utilized in health care services. 62 Water. A water sterilizer is a device for sterilizing water and storing sterile water. STERILIZER VENT. A separate pipe or stack, indirectly connected to the building drainage system at the lower terminal, that receives the vapors from nonpressure sterilizers, or the ex- haust vapors from pressure sterilizers, and conducts the vapors directly to the open air. Also called vapor, steam, atmospheric or exhaust vent. STORM DRAIN. See "Drainage system, storm." STRUCTURE. That which is built or constructed or a portion thereof. SUBSOIL DRAIN. A drain that collects subsurface water or seepage water and conveys such water to a place of disposal. SUMP. A tank or pit that receives sewage or liquid waste, located below the normal grade of the gravity system and that must be emptied by mechanical means. SUMP PUMP. An automatic water pump powered by an electric motor for the removal of drainage, except raw sewage, from a sump, pit or low point. SUMP VENT. A vent from pneumatic sewage ejectors, or similar equipment, that terminates separately to the open air. SUPPORTS. Devices for supporting and securing pipe, fixtures and equipment. SWIMMING POOL. Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing having a depth of 2 feet (610 mm) or more at any point. TEMPERED WATER. Water having a temperature range between 85°F (29°C) and 110°F (43°C). THIRD-PARTY CERTIFICATION AGENCY. An approved agency operating a product or material certification system that incorporates initial product testing, assessment and surveil- lance of a manufacturer's quality control system. THIRD-PARTY CERTIFIED. Certification obtained by the manufacturer indicating that the function and performance characteristics of a product or material have been determined by testing and ongoing surveillance by an approved third-party certification agency. Assertion of certification is in the form of identification in accordance with the requirements of the third-party certification agency. THIRD-PARTY TESTED.Procedure by which an approved testing laboratory provides doc- umentation that a product, material or system conforms to specified requirements. TRAP.A fitting or device that provides a liquid seal to prevent the emission of sewer gases without materially affecting the flow of sewage or wastewater through the trap. TRAP SEAL.The vertical distance between the weir and the top of the dip of the trap. UNSTABLE GROUND.Earth that does not provide a uniform bearing for the barrel of the sewer pipe between the joints at the bottom of the pipe trench. VACUUM.Any pressure less than that exerted by the atmosphere. VACUUM BREAKER.A type of backflow preventer installed on openings subject to normal atmospheric pressure that prevents backflow by admitting atmospheric pressure through ports to the discharge side of the device. VENT PIPE.See "Vent system." VENT STACK.A vertical vent pipe installed primarily for the purpose of providing circulation of air to and from any part of the drainage system. VENT SYSTEM.A pipe or pipes installed to provide a flow of air to or from a drainage sys- tem, or to provide a circulation of air within such system to protect trap seals from siphonage and backpressure. VERTICAL PIPE.Any pipe or fitting that makes an angle of 45 degrees (0.79 rad) or more with the horizontal. 63 WALL-HUNG WATER CLOSET. A wall-mounted water closet installed in such a way that the fixture does not touch the floor. WASTE. The discharge from any fixture, appliance, area or appurtenance that does not contain fecal matter. WASTE PIPE. A pipe that conveys only waste. WATER-HAMMER ARRESTOR. A device utilized to absorb the pressure surge (water hammer) that occurs when water flow is suddenly stopped in a water supply system. WATER HEATER. Any heating appliance or equipment that heats potable water and sup- plies such water to the potable hot water distribution system. WATER MAIN. A water supply pipe or system of pipes, installed and maintained by a city, township, county, public utility company or other public entity, on public property, in the street or in an approved dedicated easement of public or community use. WATER OUTLET. A discharge opening through which water is supplied to a fixture, into the atmosphere (except into an open tank that is part of the water supply system), to a boiler or heating system, or to any devices or equipment requiring water to operate but which are not part of the plumbing system. WATER PIPE Riser. A water supply pipe that extends one full story or more to convey water to branches or to a group of fixtures. Water distribution pipe. A pipe within the structure or on the premises that conveys water from the water service pipe, or from the meter when the meter is at the structure, to the points of utilization. Water service pipe. The pipe from the water main or other source of potable water supply, or from the meter when the meter is at the public right of way, to the water distribution system of the building served. WATER SUPPLY SYSTEM. The water service pipe, water distribution pipes, and the nec- essary connecting pipes, fittings, control valves and all appurtenances in or adjacent to the structure or premises. WELL Bored. A well constructed by boring a hole in the ground with an auger and installing a casing. Drilled. A well constructed by making a hole in the ground with a drilling machine of any type and installing casing and screen. Driven. A well constructed by driving a pipe in the ground. The drive pipe is usually fitted with a well point and screen. Dug. A well constructed by excavating a large-diameter shaft and installing a casing. WHIRLPOOL BATHTUB. A plumbing appliance consisting of a bathtub fixture that is equipped and fitted with a circulating piping system designed to accept, circulate and dis- charge bathtub water upon each use. YOKE VENT. A pipe connecting upward from a soil or waste stack to a vent stack for the purpose of preventing pressure changes in the stacks. Sec. 605. Use of Copper Tubing. (a).Copper tube for underground drainage and vent piping shall be tempered copper tube type L or type K. (b) Copper tube for aboveground drainage and vent piping shall be type L or type K. (c) Copper tube shall not be used for chemical or industrial wastes as defined in Section 605 of this Code. 64 (d) Copper tube for building supply piping shall be type K to the point of entrance to a building or structure. Water distribution pipe within a building or structure shall be type L or type K. Type M copper tube may be used in detached one- and two-family dwellings within the structure only when piping is aboveground or floor slab. (e) In addition to the required incised marking, all hand drawn copper tubing shall be marked by means of a continuous and indelibly colored stripe at least one-quarter inch (6.4 mm) in width as follows: type K, green; type L, blue; type M, red; type DVW, yellow. (f) Listed flexible water connectors shall be installed in exposed locations. Sec. 605.3. Materials. (a) Building supply water piping to the point of entrance to the building shall be made of copper tube type K, or cast-iron water pipe. (b) Water distributing piping shall be of brass pipe, copper tube type L or type K, copper pipe, galvanized wrought iron pipe, galvanized open-hearth pipe, galvanized steel pipe. Plastic piping for potable water distribution is prohibited unless approval is given by the Plumbing Board or the administrative authority. Type M copper tube may be used in one- and two-family dwellings within the structure only when piping is aboveground or floor slab. (c) All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise specifically approved by the building official. (d) Cast-iron fittings up to and including two (2) inches (50.8mm) in size, when used in potable water piping, shall be galvanized. (e) All malleable iron water fittings shall be galvanized. (f) Solder shall conform to the requirements of Sec. 802(d). Sec. 609. Cooling Water. The discharge of water used exclusively as a cooling medium in an appliance, device, or apparatus to any sanitary sewer is specifically prohibited. Exception: Clean running water used exclusively as a cooling medium in an appliance, de- vice or apparatus may discharge into the drainage system if the same comes from equipment so designed that the total rate of discharge from the premises served on such sewer cannot exceed five (5) gallons per minute. Sec. 701.5. Damage to Drainage System or Public Sewer. Roofs, inner courts, vent shafts, light wells or similar areas having rain water drain, shall discharge to the outside of the building, to the gutter, or to a storm drainage system. The installation of sump pumps, sump pump connections, or gravity connections which dis- charge or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, interior and exterior foundation drains, or floor drains used for collecting storm water to any sanitary sewer is specifically prohibited. (a) It shall be unlawful for any person to deposit, by any means whatsoever, into any plumbing fixture, floor drain, interceptor, sump, receptacle, or device which is connected to any drainage system, public sewer, or private sewer, any ashes, cinders, solids, rags, flam- mable, poisonous, or explosive liquids or gases, oils, grease, and any other thing whatso- ever which would or could cause damage to the public sewer or private sewer. (b) No storm water, surface water, ground water, roof runoff, subsurface drainage, interior or exterior foundation drains or floor drains used for collecting storm water shall be connect- ed to or discharged into any drainage system connected to a public or private sanitary sew- er. (c) No septic tank, seepage pit, or drainfield shall be connected to any public sewer or to any building sewer leading to such public sewer. 65 (d) No commercial food waste grinder shall be connected to a private sewage disposal system unless permission has first been obtained from the administrative authority. (e) An approved type watertight sewage or waste water holding tank, the contents of which, due to their character, must be periodically removed and disposed of at some ap- proved offsite location, shall be installed only when required by the Administrative Authority or the Health Officer to prevent anticipated surface or subsurface contamination or pollution, damage to the public sewer, or other hazardous or nuisance condition. Sec. 702. Building Sewer Materials. (a) The building sewer, beginning 2' from any building or structure shall be of such mate- rials as approved by the administrative authority. (b) Joining methods and materials shall be as prescribed in Chapter 7 of this Code. Sec. 702.1. Drainage piping aboveground within buildings shall be of brass pipe, copper tube Type L or Type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC-DVW Schedule 40 plastic pipe, except that: (1) No galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.4mm) above ground. (2) No vitrified clay pipe or fittings shall be used above ground, where pressurized by a pump or ejector, or on the interior of any building or structure. Sec. 702.2. Underground Building Sanitary Drainage and Vent Pipe. (a) Underground building drains shall be of cast-iron soil pipe, tempered copper tube Type L or Type K, ABS or PVC-DVW Schedule 40 plastic pipe. (b) Drainage fittings shall be of cast-iron, malleable iron, lead, brass, copper, ABS or PVC Schedule 40, or other approved materials having a smooth interior waterway of the same diameter as the piping served and all such fittings shall conform to the type of pipe used. (1) Fittings on screwed pipe shall be of the recessed drainage type. Burred ends shall be reamed to the full bore of the pipe. (2) The threads of drainage fittings shall be tapped so as to allow one-fourth inch per foot (20.9 mm/m) grade. Sec. 703. Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total num- ber of fixture units drained by such sewers, in accordance with Table 11-2. No building sewer shall have a smaller diameter than four (4) inches or the size of the building drain; whichever is larger. Sec. 708. Cleanouts. (a) Every vent pipe that penetrates the lowest floor level shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the lowest floor level. (b) Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clearance of not less than twelve (12) inches in front of the cleanout. Cleanouts in piping larger than two (2) inches shall have a clearance of not less than eighteen (18) inches in front of the cleanout. Cleanouts in underfloor piping shall be extended to or above the fin- ished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any residential occupancy shall be located more than twenty (20) feet from an access door, trap door, or crawl hole. (c) Cleanout fittings shall be not less in size than those established by the building official. (d) Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal and each run of piping, which is more than one hundred (100) feet (30.4m) in total devel- oped length, shall be provided with a cleanout for each one hundred (100) feet (30.4m), or fraction thereof, in length of such piping. 66 (1) Cleanouts may be omitted on a horizontal drain line less than five (5) feet (1.5m) in length unless such line is serving sinks or urinals. (2) Cleanouts may be omitted on any horizontal drainage pipe installed on a slope of seventy-two (72) degrees or less from the vertical angle (angle of one-fifth (1/5) bend). (3) Excepting the building drain and its horizontal branches, a cleanout shall not be re- quired on any pipe or piping which is above the first floor of the building. (4) An approved type of two-way cleanout fitting, installed inside the building wall near the connection between the building drain and building sewer or installed outside of a building at the lower end of a building drain and extended to grade, may be substituted for an upper terminal cleanout. (e) Each vertical drainage pipe which has a double sanitary tee installed shall be provid- ed with a cleanout within a distance of thirty-six (36) inches above or below the centerline of the sanitary tee. (f) Each drainage pipe penetrating the lowest floor level of any structure shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the low- est floor level. (g) An additional cleanout shall be provided in a horizontal line for each aggregate change of direction exceeding one hundred and thirty-five (135) degrees. (h) Each cleanout shall be installed so that it opens in a direction opposite to the flow of the soil or waste or at right angles thereto and, except in the case of "wye" branch and end- of-line cleanouts, shall be installed vertically above the flow line of the pipe. (i) Each cleanout extension shall be considered as drainage piping and each ninety (90) degree cleanout extension shall be extended from a "Y" type fitting or other approved fitting of equivalent sweep. (j) Each cleanout for an interceptor shall be outside of such interceptor. (k) Each cleanout, unless installed under an approved cover plate, shall be above grade, readily accessible, and so located as to serve the purpose for which it is intended. Cleanouts located under cover plates shall be so installed as to provide the clearances and accessibility required by this Section. (l) Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clearance of not less than twelve (12) inches in front of the cleanout. Cleanouts in piping larger than two (2) inches shall have a clearance of not less than eighteen (18) inches in front of the cleanout. Cleanouts in underfloor piping shall be extended to or above the fin- ished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any residential occupancy shall be located more than twenty (20) feet from an access door, trap door, or crawl hole. (m) Cleanout fittings shall be not less in size than those established by the building offi- cial. (n) Cleanouts shall be provided for pressure drainage systems as classified under Sec- tion 708. (o) Countersunk cleanout plugs shall be installed where raised heads may cause a haz- ard. (p) When a hubless blind plug is used for a required cleanout, the complete coupling and plug shall be accessible for removal or replacement. Sec. 712. Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer Level. When subsoil drainage systems are installed, they shall be discharged into an approved sump or receiving tank and shall be discharged in a manner satisfactory to the administrative 67 authority. The installation of sump pumps or sump pump connections, which discharge or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, floor drains used for collecting storm water, uncontaminated cooling water, or unpolluted industrial process waters, to any sanitary sewer, is specifically prohibited. Air conditioning water, drip pans, refrigeration water or cooling tower water may be dis- charged into a sanitary sewer if the same comes from equipment so designed that the total rate of discharge from the premises served on such sewer cannot exceed five (5) gallons per minute. Sec. 715.2. Backwater Valves. Backwater valves shall have bodies of cast iron, brass, or other approved materials, noncorrosive bearings, seats and self-aligning discs, and shall be so constructed as to insure a positive mechanical seal and to remain closed, except when dis- charging wastes. Such valves shall remain sufficiently open during periods of low flows to avoid screening of solids and shall not restrict capacities or cause excessive turbulence during peak loads. Unless otherwise listed, valve access covers shall be bolted type with gasket and each valve shall bear the manufacturer's name cast into body and cover. Backwater valves shall be installed so that their working parts will be accessible for service and repairs. Sec. 902. Materials. (a) Vent piping aboveground in buildings shall be of brass pipe, copper pipe, copper tube, type L or type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC-DWV schedule 40 plastic pipe. (1) No galvanized steel pipe shall be used underground and shall be kept at least six (6) inches aboveground. (2) ABS and PVC DWV piping installations shall be limited to structures not exceeding three (3) floors above grade. For the purpose of this Subsection, the first floor of a build- ing shall be that floor that has fifty percent (50%) or more of the exterior wall surface area level with or above finished grade. One (1) additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. (b) Vent piping underground shall be cast-iron soil pipe, copper tube type L or type K, ABS or DWV schedule 40 plastic pipe. (c) Vent fittings shall be cast-iron, galvanized malleable iron or galvanized steel, lead, copper, brass, ABS or PVC schedule 40 or other approved materials except that no galva- nized malleable iron or galvanized steel fittings shall be used underground and shall be kept at least six (6) inches aboveground. (d) Changes in direction of vent piping shall be made by the appropriate use of approved fittings and, with the exception of copper tube, no such pipe shall be strained or bent. Burred ends shall be reamed to the full bore of the pipe. Sec. 904. Vent Termination. (a) Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than six (6) inches above the roof nor less than one (1) foot from any vertical sur- face. (b) Each vent shall terminate not less than ten (10) feet from, or at least three (3) feet above any openable window, door, opening, air intake, or vent shaft, nor less than three (3) feet in every direction from any lot line; alley and street excepted. (c) Vent pipes shall be extended separately or combined, of full required size, not less than six (6) inches above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for purposes other than weather protection. All vents within ten (10) feet of 68 any part of the roof that is used for such other purposes shall extend not less than seven (7) feet above such roof and shall be securely stayed. (d) Vent pipes for outdoor installations shall extend at least ten (10) feet above ground and shall be securely supported. (e) Joints at the roof around vent pipes shall be made watertight by the use of approved flashings or flashing material. (f) Frost or Snow Closure. Where frost or snow closure is likely to occur in locations hav- ing minimum design temperature below 0 degrees F, vent terminals shall be a minimum of three (3) inches in diameter but in no event smaller than the required vent pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and termi- nate not less than ten (10) inches above the roof, or as required by the administrative au- thority. 14-1H-3. Licensure and Certification. 1.Except as provided in Iowa Code section 105.11, a person shall not operate as a con- tractor or install or repair plumbing, HVAC, refrigeration, or hydronic systems without obtain- ing a license issued by the State, or install or repair medical gas piping systems without ob- taining a valid certification approved by the State. 2.Except as provided in Iowa Code section 105.11, a person shall not engage in the business of designing, installing, or repairing plumbing, HVAC, refrigeration, or hydronic systems unless at all times a licensed master, who shall be responsible for the proper de- signing, installing, and repairing of the Plumbing, HVAC, refrigeration, or hydronic system, is employed by the person and is actively in charge of the plumbing, HVAC, refrigeration, or hydronic work of the person. An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. 14-1H-4. Backflow Prevention Requirements for New Residential Construction. There are hereby established minimum backflow prevention standards for new residential construction. The city manager shall determine the type of backflow prevention assembly re- quired for containment based on the degree of hazard as outlined in Title 13, Chapter 1, Article D. 14-1H-5. Backflow Prevention Requirements for Existing Water Services. The requirements for backflow prevention related to existing water services are outlined in Title 13, Chapter 1, Article D. Sec. 14-1H-6. Inspection Fees. A fee shall be paid for inspections made outside of normal business hours and for inspec- tions for which no fees are specifically indicated. Inspection fees shall be as set forth by the City Manager. Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 2009 International Mechanical Code: City Manager recommending adoption of the 2009 In- ternational Mechanical Code. Motion by Connors 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 Braig. Motion carried 6-0. 69 Motion by Connors for final consideration and passage of Ordinance No. 44-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Article F International Mechanical Code, Section 14-1F-1 International Mechanical Code Adopted by repealing such section and enacting a new section in lieu thereof and Sec- tions 14-1F-2 and 14-1F-3 International Mechanical Code Amendments providing for the adop- tion of the International Mechanical Code (2009) and making amendments thereto. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F INTERNATIONAL MECHANICAL CODE, SECTION 14-1F-1 INTERNATIONAL MECHANICAL CODE ADOPTED BY REPEAL- ING SUCH SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF AND SEC- TIONS 14-1F-2 AND 14-1F-3 INTERNATIONAL MECHANICAL CODE AMENDMENTS PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL MECHANICAL CODE (2009) AND MAKING AMENDMENTS THERETO 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 amended by re- pealing Section 14-1F-1 and enacting a new Section 14-1F-1 in lieu thereof 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, 2009 edition, and the provisions of such mechanical code shall be controlling for the installation, maintenance and use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances with- in the corporate limits of the city and shall be known as the Dubuque mechanical code. A copy of the international mechanical code, 2009 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Sections 14-1F-2 and 14-1F-3 of the City of Dubuque Code of Ordinances are amended by repealing Sections 14-1F-2 and 14-1F-3 and enacting the following additions, deletions, modifications, or amendments of the International Mechanical Code, 2009 Edition, adopted in Section 14-1F-1 to read as follows: Section 203, "Board of Appeals" is hereby amended by repealing such section and replac- ing such section with a new section in lieu thereof as follows: Section 203. Mechanical Code Board A. Board Created. There is hereby created a Mechanical Code Board. B. Mission. The mission of the Mechanical Code Board shall be to determine the suitabil- ity of alternative materials and methods of installation, to provide for reasonable interpreta- tions of the Mechanical Code, to serve as an appeal body for the decisions of the building official, to advise the City Council on all heating, ventilating, air conditioning, and refrigera- tion regulations and procedures, and to provide for examining applicants for certification of competency and issuing certificates of competency and registration. C. Internal Organization and Rules. The Board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. D. Procedures for Operation. All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the Board in all its operations. 70 E. Membership. 1. The Mechanical Code Board shall consist of seven (7) residents of the City of Dubuque, appointed by the City Council. 2. Special Qualifications. a. Each member shall have a background or experience in sheet metal con- tracting, hot water and steam fitting contracting, hot water and steam fitting work, refrigeration contracting, refrigeration work, or mechanical engineering. F. Terms. The term of office for members of the Mechanical Code Board shall be three (3) years. All officers shall be eligible to serve successive terms of office. G. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. H. Officers/Organization. The Board shall choose annually, from its own membership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or the building official’s designee, shall be secretary of the Board. The Board shall fill va- cancies among its officers for the remainder of the unexpired term. I. Meetings. 1. Regular Meetings. The Mechanical Code Board shall meet at least once every three (3) months. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty-four (24) hours notice to every other member of the Commission. The call for a special meeting shall in- clude an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Mechanical Code Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Four (4) members of the Board shall constitute a quorum for the trans- action of business. The affirmative vote of at least four (4) members shall be neces- sary for the adoption of any resolution. J. Compensation. The members of the Mechanical Code Board created by this Chapter shall serve without compensation, provided that they may receive reimbursement for neces- sary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. K. Removal. The City Council may remove any member of any board or commission which it has established. L. Powers. The Mechanical Code Board Commission shall have the following powers, du- ties, and responsibilities: Any person who is aggrieved by a decision of the building official resulting from the enforcement of the Mechanical Code may appeal from such decision to the Mechanical Code Board, and said Board shall serve as an appeal board. In case the aggrieved par- ty is a board member, said member shall be disqualified as a member of the board act- 71 ing as an appeal board until the person aggrieved has been heard and a decision ren- dered. The appeal shall be made by the person aggrieved giving written notice of such ap- peal to the building official at the building official’s office within seven (7) days. The building official shall, within seven (7) days thereafter, notify the board of the appeal. The Mechanical Code Board shall meet within seven (7) days after receiving such no- tice and shall render a decision within five (5) days thereafter. Any interested party, in- cluding the building official, may have the right to present such party’s case to the ap- peal board, whose decision shall be final unless appealed to the district court as provid- ed by law. Section 204, "Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Section 204. Violations and Penalties. It shall be unlawful for any person, firm, or corpora- tion 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 or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Title 1 of the 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. Table 3-A, “Mechanical Permit Fees" is hereby repealed. 14-1F-3. Fees. The fee for each mechanical permit and supplemental mechanical permits shall be as established by the City Manager. Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted this 19 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Jones reported that the Dubuque County Empowerment Board now has sufficient Council representation from the region and that he will not be submitting an application to represent the Dubuque City Council. Buol reported that after thinking of an idea to carry a bag for picking up litter, he noticed a citizen doing just that. There being no further business, upon motion the City Council adjourned at 10:50 p.m. /s/Jeanne F. Schneider, CMC City Clerk 72