Minutes_Building Code of Appeals 6 18 19 Copyrighted
July 15, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Arts and Cultural Affairs Advisory Commission of 4/23,
5/28; Building Code Board of Appeals of 6/18; City Council
Proceedings of 7/1; Civil Service Commission of 6/5, 7/2;
Historic Preservation Commission of 6/20; Housing
Commission of 6/25; Library Board of Trustees of 5/23,
and Council Update#184 of 6/27; Long Range Planning
Advisory Commission of 6/19; Mechanical and Plumbing
Board of 5/29; Zoning Advisory Commission of 7/2; Zoning
Board of Adjustment of 6/27; Proof of Publication for City
Council Proceedings of 6/17
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation
of 4/23/19
Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation
of 5/28/19
Building Code Board of Appeals Minutes of 6/18/19 Supporting Documentation
City Council Proceedings of 7/1/19 Supporting Documentation
Civil Service Commission Minutes of 6/5/19 Supporting Documentation
Civil Service Commission Minutes of 7/2/19 Supporting Documentation
Historic Preservation Commission Minutes of 6/20/19 Supporting Documentation
Housing Commission Minutes of 6/25/19 Supporting Documentation
Library Board of Trustees Minutes of 5/23/19 Supporting Documentation
Library Board of Trustees Council Update#184 of Supporting Documentation
6/27/19
Long Range Plannng Advisory Commission Minutes of Supporting Documentation
6/19/19
Mechanical and Plumbing Board Minutes of 5/29/19 Supporting Documentation
Zoning Advisory Commission Minutes of 7/2/19 Supporting Documentation
Zoning Board of Adjustrnent Minutes of 6/27/19 Supporting Documentation
Proof of Publication - City Council Proceedings of Supporting Documentation
6/17/19
Dubuque
THE CITY OF �
City of Dubuque, lowa All-AmerieaCiry
DUB E guilding Code Board of Appeals �l� ��
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2013•2017
DRAFT MINUTES
REGULAR SESSION
3:00 P.M.
Tuesday, June 18, 2019
City Council Chamber, Historic Federal Building
Commissioners Present: Benjamin Beard, Tom Swift, Derek Duehr, and Katrina Wilberding.
Commissioners Excused: None
Commissioners Unexcused: None
Staff Members Present: David Johnson, Jeff Zasada, and Mike Sievers
CALL TO ORDER: Chairperson Beard called the meeting to order at 3:00 p.m.
CERTIFICATION OF COMPLIANCE WITH THE IOWA OPEN MEETING LAW: Staff
presented an Affidavit of Compliance verifying the meeting was being held in compliance with
the lowa Open Meetings Law.
OATHS OF OFFICE: Chairperson Beard administered the Oath of Office for Board Member
Wilberding.
APPEALS:
Vacant and/or Abandoned Buildinq License — 409 Burch and 1390 Bluff Streets: A
representative from Blair & Fitzsimmons PC stated he was there on behalf of attorney Stuart
Hoover who is representing John White and Alfred Kopczyk, the appellants on the agenda. He
explained Mr. Hoover is unable to attend the meeting due to another hearing in Galena, IL and
requested the Board table the meeting to a future date.
The Board discussed the request noting this was the second consecutive request for a
continuation for the appeals. The Board noted Mr. Hoover was provided ample notice for the
meeting. Staff Member Johnson explained Mr. Hoover was notified May 21 St of the June 18tn
meeting. The Board noted there are pending code enforcement implications associated with
the appeals which need to be addressed in a timely manner. The Board also noted the value of
their time and Staff's time.
Staff Member Johnson stated should the Board agree to table the appeal; the next regularly
scheduled meeting is July 16t". The board put Mr. on notice that this will be the last
continuance granted and a decision will be rendered July 16t" regardless of the appellants
participation.
Motion by Swift, seconded by Duehr to table the appeals for 409 Burch and 1390 Bluff Streets
to the July 16, 2019 Building Code Board of Appeals meeting where a decision will be made.
Motion carried by the following vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None.
Minutes Building Code Board ofAppeals Page 2
ITEMS FROM PUBLIC: None
ITEMS FROM BOARD:
Tablinq Appeals Requests: The Board discussed best practices and procedures for
considering requests to table applications. Staff Member Johnson noted it is solely at the
Board's discretion, and best practice might be to consider each request on its own merit. The
Board noted there may be some reasons better than others and concurred considering
requests on their individual merit is the best approach.
ITEMS FROM STAFF:
2018 International Enerqv Conservation Code Review: Staff Member Johnson reviewed the
scope and update process for the 2018 International Energy Conservation Code. He reviewed
how the code is used, the scope of changes, and the benefits of the code. Staff Member
Johnson stated the role of the Board is to review the proposed amendments to the City of
Dubuque International Energy Conservation Code and make a recommendation to City
Council to adopt the amendments as presented.
Motion by Duehr, seconded by Wilberding to recommend adoption the 2018 International
Energy Conservation Code and amendments to Title 14, Chapter 1 , Article C, as presented.
Motion carried by the following vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None.
2018 International Property Maintenance Code Review: Staff Member Johnson reviewed the
scope and update process for the International Property Maintenance Code. He reviewed the
purpose and application of the code as well as well. Staff Member Johnson noted the role of
the Board is to review the proposed amendments to the City of Dubuque International Property
Maintenance Code and make a recommendation to City Council to adopt the amendments as
presented.
Board Member Swift questioned whether there were any significant changes of note. Staff
Member Johnson explained the International Property Maintenance Code will be locally
amended to provide adequate barriers around swimming pools capable of containing more
than 24" of water; rather than the current language which requires barriers for pools which
containing more than 24 "of water. Staff Member Johnson reviewed the challenges with
enforcing on seasonal structures such as pools. He noted in the past, in order to circumvent
code, residents would drain the pool to less than 24" after being notified of code violations. He
explained the language as originally written does not capture the intent of the code. Without
effective measures to enforce barrier requirements, the pools become a drowning hazard. The
proposed language will address that.
Motion by Duehr, seconded by Wilberding to recommend adoption the 2018 International
Property Maintenance Code and amendments to Title 14, Chapter 1 , Article G, as presented.
Motion carried by the following vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None.
2018 International Existinq Buildinq Code Review: Staff Member Johnson reviewed the scope
of changes and update process for the International Existing Building Code. He reviewed the
purpose and application of the code. Staff Member Zasada reviewed how the code is applied
to building projects. Staff Member Johnson this code is an important resource to keeping
existing buildings viable and maintaining our historic and older housing stock which is
Minutes Building Code Board of Appeals Page 2
important to Dubuque's identity and quality affordable workforce housing needs. Staff Member
Johnson noted the role of the Board is to review the proposed amendments to the City of
Dubuque International Existing Building Code and make a recommendation to City Council to
adopt the amendments as presented.
Motion by Wilberding, seconded by Duehr to recommend adoption the 2018 International
Existing Building Code and amendments to Title 14, Chapter 1, Article G, as presented. Motion
carried by the following vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None.
Procedural Rule — Review and Approval of Draft Minutes: Staff Member Johnson explained the
Board can establish procedural rules. He suggested the Board consider a rule to allow for the
review and approval of draft minutes via email rather than waiting until a meeting is convened.
Staff Member Johnson cited the Board desire to meet as needed and such a rule would allow
for approved minutes to be posted shortly after meetings making the Board more efficient and
transparent. The Board discussed and supported the change.
Motion by Duehr, seconded by Swift to establish a procedural rule to allow the Building Code
Board of Appeals to review and approve minutes via email. Motion carried by the following
vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None.
Adlournment
Motion by Wilberding, seconded by Duehr to adjourn the June 18, 2019 meeting. Motion
carried by the following vote: Aye — Swift, Duehr, Wilberding, and Beard; Nay — None. The
meeting was adjourned at 3:29 p.m.
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David Johnson, Building Services Manager Adopted
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