9 3 19 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on September 3, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Resnick, Rios, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Consolidation and Expansion of Urban
Revitalization Districts.
WORK SESSION
Consolidation and Expansion of Urban Revitalization Districts
Housing and Community Development Director Alexis Steger introduced the work ses-
sion and provided a summary of the City’s Urban Revitalization Districts and the pur-
pose/benefits of the Districts. Topics included:
• List and location of the City’s 17 Urban Revitalization Districts
• Comparison of Community Development Block Group (CDBG) Eligible Areas and
Urban Revitalization Districts
• Explanation of Options with a total of properties and amount of City tax abated.
o Option 1: Expansion of existing Urban Revitalization Districts to include all
CDGB-eligible areas in the downtown
o Option 2: Expansion of existing Urban Revitalization Districts to include all
CDBG-eligible areas in the norther portion of the City.
o Option 3: Expansion of existing Urban Revitalization Districts to include
CDBG-eligible areas of the City, Census Tract 1 Block Group 1 (residen-
tial properties only) and the inclusion of Census Tract 3 Block Group1
• Proposed Urban Revitalization District requirements
o property type; percentage of increased valuation; tax exemption on in-
creased value; duration of the district; eligible improvements; district expi-
ration
Ms. Steger responded to questions from the City Council and explained the next steps
in the process were to mail notice of a public hearing, present the recommended Option
3 to the City’s Long-Range Planning Commission, and set and conduct the public hearing.
There being no further business, upon motion the City Council adjourned at 5:48 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on September 3, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Resnick, Rios, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Motion carried 6-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/12, 8/13, 8/14, 8/19,
8/26; Historic Preservation Fair Committee of 8/15; Civil Service Commission of 8/20;
Housing Trust Fund Committee of 6/26; Library Board of Trustees Council Update #185
of 8/22; Proof of publication for City Council Proceedings of 8/5; Proof of publication for
List of Claims and Summary of Revenues for Month Ending 7/31. Upon motion the doc-
uments were received and filed.
2. Notice of Claims and Suits: Kyle and Shelby Christina for property damage, Kathy
Jansen for vehicle damage, Gail Miller for property damage, Suit by Timothy McKenzie
vs. City of Dubuque et al. Upon motion the documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Kyle and Shelby Christina for property damage, Kathy Jansen for vehicle
damage, and Gail M. Miller for property damage. Upon motion the documents were re-
ceived, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 307-19 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
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RESOLUTION NO. 307-19
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR
PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. See the Potential on Central: City Manager providing a copy of the See the Potential
on Central public information brochure. Upon motion the document was received and
filed.
6. White Sox vs. Yankees Playing at Field of Dreams on August 13, 2020 : City Man-
ager providing a copy of Travel Dubuque's announcement for the White Sox vs. Yankees
baseball game on August 13, 2020 at the Field of Dreams. Upon motion the document
was received and filed.
7. Letter of Authorization: Jeffris Foundation (Ham House Historical Site): City Manager
submitting a Letter of Authorization for Dubuque County Historical Society's application
to the Jeffris Heartland Fund requesting support for the Mathias Ham House . Upon motion
the documents were received and filed, and Resolution No. 308-19 Approving Dubuque
4
County Historical Society's Grant Application to the Jeffris Heartland Fund for a Historical
Structure Report of the Mathias Ham House was adopted.
RESOLUTION NO. 308-19
RESOLUTION APPROVING DUBUQUE COUNTY HISTORICAL SOCIETY’S GRANT
APPLICATION TO THE JEFFRIS HEARTLAND FUND FOR AN HISTORIC STRUC-
TURE REPORT OF THE MATHIAS HAM HOUSE
Whereas, the Jeffris Family Foundation’s Jeffris Heartland Fund provides grant funding
to support the development of historic preservation projects to a selec t Midwest Region
including Iowa; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that i n-
cludes goals for educating the community about the benefits of his toric preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The Dubuque County Historical Society is hereby authorized to submit the Jeffr is
Heartland Fund grant application to the Jeffris Family Foundation’s Jeffris Heartland Fund
to conduct an historic structure report for the Mathias Ham House which is property owned
by the City of Dubuque.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Consolidated Annual Performance and Evaluation Report (CAPER) July 1, 2018 to
June 30, 2019: City Manager recommended approval of a resolution directing staff to
submit the Consolidated Annual Performance and Evaluation Report (CAPER) for the
period of July 1, 2018 through June 30, 2019, to the U.S. Department of Housing & Urban
Development Community Planning Division. Upon motion the documents were received
and filed, and Resolution No. 309-19 Authorizing the submission of a Consolidated An-
nual Performance and Evaluation Report (CAPER) for the period commencing July 1,
2018 and Concluding June 30, 2019 was adopted.
RESOLUTION NO. 309-19
RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COM-
MENCING JULY 1, 2018 AND CONCLUDING JUNE 30, 2019
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Com-
munity Development Block Grant (CDBG) Program of the U.S. Department of Housing
and Urban Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a per-
formance and evaluation report, Consolidated Annual Performance and Evaluation Re-
port (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2018 and concluding June 30, 2019; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on July 20, 2019 and; 3) ma de
copies of the CAPER available for public review; 4) held a public hearing pursuant to
5
required 15-days published notice before the Community Development Advisory Com-
mission on August 28, 2019; and
Whereas, the Community Development Advisory Commission has voted to approve
the CAPER and to recommend City Council approval for timely submission to HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Consolidated Annual Performance and Evaluation Report (CAPER) for
the period commencing July 1, 2018 and concluding June 30, 2019 is hereby approved
for submission.
Section 2. The Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf
of the City of Dubuque, Iowa.
Section 3. The City Manager is hereby authorized to direct staff to submit the Consol-
idated Annual Performance and Evaluation Report (CAPER) along with any public com-
ment to the U.S. Department of Housing and Urban Development.
Passed, approved and adopted this 3rd day of September 2019
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Grant-Funded Position Request - Carnegie-Stout Public Library: City Manager rec-
ommended approval to hire a part-time staff member at the Carnegie-Stout Public Library
to support the expansion of the Changing Lives Through Literature diversion program for
youth in partnership with Juvenile Court Services. Upon motion the documents were re-
ceive, filed and approved.
10. Cedar Valley Friends of the Family / Continuum of Care Certification of Con-
sistency: City Manager recommended approval to provide a Certification of Consistency
with the Fiscal Year 2016-2020 Consolidated Plan for Cedar Valley Friends of the Family
for an application for Continuum of Care funds. Upon motion the documents were re-
ceived and filed, and Resolution No. 310-19 Requesting the Mayor to provide Certification
of Consistency with the City of Dubuque's Consolidated Plan was adopted.
RESOLUTION NO. 310-19
RESOLUTION REQUESTING THE MAYOR TO PROVIDE CERTIFICATION OF CON-
SISTENCY WITH CITY OF DUBUQUE’S CONSOLIDATED PLAN
Whereas, the U.S. Department of Housing and Urban Development has published the
availability of the Continuum of Care grant for the Collaborative Applicants including the
Iowa Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing and Urban Development will publish the
availability of the Continuum of Care grant for the Project Applicants including the Cedar
Valley Friends of the Family; and
Whereas, Cedar Valley Friends of the Family administers the Continuu m of Care grant
in the City of Dubuque; and
Whereas, Cedar Valley Friends of the Family must submit Certification of Consistency
with City of Dubuque’s Consolidated Plan.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
The Mayor is hereby authorized and directed to provide Certification of Consistency
with City of Dubuque’s FY 2016-2020 Consolidated Plan.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Acquisition of Property at 6805 Pennsylvania Avenue: City Manager recommended
approval to acquire property at 6805 Pennsylvani a Avenue owned by Steve E. and San-
dra Jean Bahl for the future widening of Pennsylvania Avenue – Middle Road. It is further
recommended the City Council approve a resolution approving the Offer and authorizing
acceptance of the Warranty Deed and any other related steps necessary to carry out the
terms of the offer. Upon motion the documents were received and filed, and Resolut ion
No. 311-19 Approving the acquisition of real estate owned by Steven and Sandra Bahl in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 311-19
RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STE-
VEN AND SANDRA BAHL, IN THE CITY OF DUBUQUE
Whereas, the Dubuque Industrial Center Economic Development District is an urban
renewal area which allows the City of Dubuque to capture tax increment revenue from
improvements made in the District in order to promote economic development activities;
and
Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Eco-
nomic Development District; and
Whereas, the proposed expansion and amendment of the Dubuque Industrial Center
Economic Development District will result in acquisition of certain real estate, namely
6805 Pennsylvania Avenue; and
Whereas, Steven and Sandra Bahl (the Owners) of this certain real estate ha ve volun-
tarily agreed to sell to the City of Dubuque the certain real estate legally described as
follows (the Property):
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of Lot
1 of the West 30 acres of the SW 1/3, SE ¼, Section 19, T89N, R2E (Dubuque Twp)
of the 5th P.M., according to the recorded plat thereof; and
Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center
Economic Development District; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisiti on by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, the Owners have agreed to sell the Property for a total cost of $196,000; and
Whereas, a purchase agreement and acknowledgment of voluntary negotiation have
been finalized with the Owners of the real estate scheduled for acquisition; and
Whereas, it is in the best interest of the City to acquire the Property, subject to review
of the updated abstract and title opinion by the City Attorney’s Office.
7
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa hereby approves the Offer to
Buy Real Estate and Acceptance attached hereto subject to review of the updated ab-
stract and title opinion by the City Attorney’s Office.
Section 2. The City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. The City Clerk be and is hereby authorized and directed to cause said War-
ranty Deed to be recorded in the office of the Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Civil Service Commission - Certified Lists: Civil Service Commission submitting
certified lists for the positions of Sewer Maintenance Foreman and Maintenanceworker.
Upon motion the documents were received, filed, and made a Matter of Record.
August 20, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a written examination for the
position of Sewer Maintenance Foreman was administered on August 1, 2019. We hereby
certify that the individuals listed below have passed this written examinati on and the va-
cancy for this position should be filled from this list and that this list is good for two (2)
years from above date.
Sewer Maintenance Foreman
1. Christopher Kennedy, 2. Christian Kloft, 3. Paul Dement, 4. Zachary Thill, 5. John Kirk,
6. Matt Herman
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
August 20, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Maintenance-worker was administered on July 16, 2019. We hereby certify
that the individuals listed below have passed this written examination and the vacancy for
this position should be made from this list and that this list is good for one (1) year from
above date.
Maintenance-worker
1. Justin Licht, 2. Jeff Horn, 3. Justin Steckel, 4. Steven Gerardy, 5. Jeff Leibold, 6. Mi-
chael Postma, 7. Mark Tinkham, 8. Craig Bahl, 9. Tom Sheldon, 10. Robert Dement, 11.
8
Gary Cooley, 12. Christian Kloft, 13. Erick Merfeld, 14. Jeremy Ness, 15. Wesley Pow-
elson, 16. Randy Root, 17. Nicholas Connolly, 18. Jeffery Davis, Jr., 19. Matthew Uthe,
20. James Gaul, 21. Dale Richardson, 22. Steve Valentine, 23. Brian Allman, 24. Alec
Leytem, 25. Brad Petitgout, 26. Jeremy Shade, 27. Mitchell Gaherty, 28. Rodney Link,
29. Kevin Schadle, 30. Christopher Matlock, 31. Alan Sabers, 32. Brian Kirk
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
13. Enterprise Resource Planning (ERP) Selection Advisory Services: City Manager
recommended approval to negotiate a contract with Government Finance Officers Asso-
ciation (GFOA) Research and Consulting Center for consulting for enterprise resource
planning (ERP) system assessments, procurement, contract negotiation, and implemen-
tation advisory service. Upon motion the documents were received, filed and approved.
14. Certified Local Government (CLG) Grant Application for Eagle Point Park Phase I
Archeological Survey: City Manager recommended approval of an application for a Cer-
tified Local Government (CLG) Grant for continuation of the Phase 1 Archeology Survey
at Eagle Point Park. Upon motion the documents were received and filed, and Resolution
No. 312-19 Approving CLG Grant application to State Historic Preservation Office for
preservation planning at Eagle Point Park Historic District was adopted.
RESOLUTION NO. 312-19
APPROVING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR PRESERVATION PLANNING AT EAGLE POINT PARK HISTORIC DIS-
TRICT
Whereas, the State Historic Preservation Office has allocated Certified Local Govern-
ment (CLG Program grant funds for projects that help to preserve, conserve, inte rpret,
enhance, and educate the public about Iowa’s historical assets; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for educating the community about the benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque is hereby authorized to submit the FY 2020 CLG Grant
application to the State Historic Preservation Office for Continuation of the Phase 1 Ar-
cheology Survey at Eagle Point Park.
Section 2. The Planning Services Manager is hereby authorized as the pro ject man-
ager for the CLG application.
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Program for
NW Arterial and John F. Kennedy Road Northbound Turn Lane: City Manager recom-
mended authorization to submit an application for a Traffic Safety Improvement Grant to
assist with funding proposed improvements to extend the eastbound Northwest Arterial
9
dedicated left-turn lane onto John F. Kennedy Road. Upon motion the documents were
received and filed, and Resolution No. 313-19 Authorizing the filing of a grant application
with the Iowa Department of Transportation for Traffic Safety Improvement Grant funding
to assist with funding for proposed improvements to extend the eastbound Northwest
arterial dedicated left-turn lane onto John F. Kennedy Road was adopted.
RESOLUTION NO. 313-19
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT
FUNDING TO ASSIST WITH FUNDING FOR PROPOSED IMPROVEMENTS TO EX-
TEND THE EASTBOUND NORTHWEST ARTERIAL DEDICATED LEFT TURN LANE
ONTO JOHN F KENNEDY ROAD
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, at the intersection of Northwest Arterial and John F Kennedy (JFK) Road in the
City of Dubuque could be improved by increasing the vehicle storage length of the existing
eastbound Northwest Arterial exclusive left turn lane onto JFK Road; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the Northwest Arterial Capacity Study, will improve traffic flow effi-
ciency; and
Whereas, the City of Dubuque is seeking the necessary funding for project implemen-
tation, and upon completion, in cooperation with the Iowa Department of Transportation,
be responsible for adequately maintaining and operating the project for public use during
the project’s useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The City is hereby authorized to file the grant application with the Iowa Department of
Transportation for Traffic Safety Improvement Program funding to assist with funding for
proposed improvements to extend the eastbound Northwest Arterial dedicated left turn
lane onto John F Kennedy Road.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Housing Trust Fund Committee Grant Application to the Iowa Finance Authority :
City Manager recommended approval of a resolution authorizing commitment of funds
from the Greater Downtown Tax Increment Financing Urban Renewal District as budg-
eted to be used as a match to the Housing Trust Fund Committee’s application to the
Iowa Finance Authority for a grant from the State Housing Trust Fund. Upon motion the
documents were received and filed, and Resolution No. 314-19 Approving commitment
of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing
Trust Funds was adopted.
RESOLUTION NO. 314-19
APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE
IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
10
Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in statewide competition to local trust funds
for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for
a Housing Trust Fund award, in the amount of $129,755; and
Whereas, the GDTIF Activity No. 2681021 funds are available in the current year Hous-
ing Department’s budget in sufficient amount to meet the matching funds requirement;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque hereby approves commitment of $32,439 in the current
year GDTIF as a match to the application for IFA State Housing Trust Funds.
Section 2. The Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the
Code of Ordinances, shall have final authority to direct how such funds shall be used in
support of revitalization activities in the Washington Neighborhoods.
Passed, approved and adopted this 3rd day of September 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of Grant of Easement of Sidewalk and Public Utilities from DUBKIN,
LLC: City Manager recommended acceptance of a Grant of Easement for Sidewalk and
Public Utilities from DUBKIN, LLC across property in the northeast corner of the JFK Road
and Hillcrest Road intersection, as part of the JFK Road and Hillcrest Road Traffic Signal
Project. Upon motion the documents were received and filed, and Resolution No. 315-19
Accepting Grant of Easement for Sidewalk and Public Utilities associated with the JFK
Road and Hillcrest Road Traffic Signal Project, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 315-19
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES AS-
SOCIATED WITH THE JFK ROAD AND HILLCREST ROAD TRAFFIC SIGNAL PRO-
JECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, DUBKIN LLC, has executed a Grant of Easement for Sidewalk and Public
Utilities across Part of Lot 1 of Lot 2 in Block 6 of Asbury Springs Subdivision No. 4, in
the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sidewalk and Public Utilitie s, across Part of
Lot 1 of Lot 2 in Block 6 of Asbury Springs Subdivision No. 4, in the City of Dubuque,
Iowa, from DUBKIN LLC, a copy of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
11
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with said Grant of Easement for Sidewalk and Public Utilities, in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Acceptance of Grants of Easements for Sidewalk and Public Utilities from Dupaco
at JFK Road and Hillcrest Road: City Manager recommended acceptance of a Grant of
Easement for Sidewalk and Public Utilities across property in the southeast corner of the
JFK Road and Hillcrest Road intersection from Dupaco Community Credit Union, as part
of the JFK Road and Hillcrest Road Traffic Signal Project. Upon motion the documents
were received and filed, and Resolution No. 316-19 Accepting a Grant of Easement for
sidewalk and public utilities associated with the JKF Road and H illcrest Road Traffic sig-
nal Project, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 316-19
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES AS-
SOCIATED WITH THE JFK ROAD AND HILLCREST ROAD TRAFFIC SIGNAL PRO-
JECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, DUPACO COMMUNITY CREDIT UNION, has executed a Grant of Ease-
ment for Sidewalk and Public Utilities across Part of Lot 1 of Lot 1 in Block 6 of Asbury
Springs Subdivision No. 4, in the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sidewalk and Public Utilities, across Part of
Lot 1 of Lot 1 in Block 6 of Asbury Springs Subdivision No. 4, in the City of Dubuque,
Iowa, from DUPACO COMMUNITY CREDIT UNION, a copy of which are attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with said Grant of Easement for Sidewalk and Public Util-
ities, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County
Auditor.
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Acceptance of the 15 South Main Street Site Utility Disconnect Project : City Man-
ager recommended acceptance of the public improvement construction contract for Bid
Package 2, 15 South Main Street Site Utility Disconnect Project, as completed by McDer-
mott Excavating. Upon motion the documents were received and filed, and Resolution
No. 317-19 Accepting the 15 South Main Street Site Utility Disconnect Project and Au-
thorizing the Final Payment to the Contractor was adopted.
12
RESOLUTION NO. 317-19
ACCEPTING THE 15 SOUTH MAIN STREET SITE UTILITY DISCONNECT PROJECT
AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 15 South Main Street Site Utility
Disconnect Project (the Project) has been completed by the Contractor, McDermott Ex-
cavating of Dubuque, IA (Contractor), and the City Engineer has examined the work and
signed 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 accepted; and
Whereas, the final contract amount for the Project is $39,903.11; and
Whereas, the Contractor has previously been paid $37,907.95, leaving a balance of
$1,995.16; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
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
15 South Main Street Site Utility Disconnect Project CIP appropriations for the contract
amount of $39,903.11 less any retained percentage provided for therein as provided in
Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $1,019.97 as provided in Iowa Code Chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code
Chapter 26.13.
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 15 SOUTH MAIN
STREET SITE UTILITY DISCONNECT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 15 South Main Street Site Utility Disconnect Project, and that the Pro-
ject has been completed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $46,996.98.
Dated this 27th day of August 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27th day of August 2019.
/s/Kevin Firnstahl, City Clerk
20. Recording the Award for the Storm Sewer Construction Chavenelle Road - First
Supply 2019 Project: City Manager recommended that the award for the Storm Sewer
Construction Chavenelle Road - First Supply 2019 Project be officially recorded in the
13
minutes of the City Council. Upon motion the documents were received, filed and made
a Matter of Record.
21. Environmental Covenant for Iowa Department of Transportation Parcel at 1000 E.
12th Street: City Manager recommended approval of an Environmental Covenant for the
Iowa Department of Transportation owned parcel at 1000 E. 12 th Street, between and
among the Iowa DOT, MidAmerican Energy, and the United States Environmental Pro-
tection Agency, to which the City of Dubuque is a listed interested party. Upon motion the
documents were received and filed, and Resolution No. 318-19 Approving an Environ-
mental Covenant for the property at 1000 E. 12th Street in Dubuque, Dubuque County,
Iowa owned by the Iowa Department of Transportation was adopted.
RESOLUTION NO. 318-19
APPROVING AN ENVIRONMENTAL COVENANT FOR THE PROPERTY AT 1000 E.
12TH STREET IN DUBUQUE, DUBUQUE COUNTY, IOWA OWNED BY THE IOWA DE-
PARTMENT OF TRANSPORTATION
Whereas, the Iowa Department of Transportation (IDOT) is the owner of the real prop-
erty legally described in Exhibit A hereto and incorporated herein, with a local address of
1000 E. 12th Street in Dubuque, Dubuque County, Iowa (hereinafter "Property"); and
Whereas, the federal Environmental Protection Agency is requiring IDOT to place an
Environmental Covenant across the Property; and
Whereas, the Property contains a “Primary Road,” which is defined by Iowa Co de §
306.3(6) as a road or street that runs both inside and outside the boundaries of a munic-
ipality; and
Whereas, the City of Dubuque (City) has some control over the Property pursuant to
Iowa Code § 306.4(4)(a), which gives jurisdiction over “municipal e xtensions of primary
roads” located in a municipality to City and IDOT to exercise concurrently; and
Whereas, because of this concurrent jurisdiction, the Environmental Protection Agency
is requesting that City approve the attached Environmental Covenant, in order to signify
City’s agreement that any future maintenance, repair, or reconstruction of the primary
road that runs along the subject property will be subject to the restrictions of the covenant;
and
Whereas, City now desires to approve the Environme ntal Covenant attached hereto
and to execute the same as a Third-Party Beneficiary; and
Whereas, the City Council of the City of Dubuque finds that it is in the best interest of
the City of Dubuque to approve the Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Environmental Covenant is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Environmental
Covenant on behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Dubuque County Recorder and to deliver the executed Environmental Covenant
to IDOT for recording with the same office.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
14
Attest: Kevin S. Firnstahl, City Clerk
22. Weaver Castle LLC (346-348 W. Locust Street) Fifth Amendment to Development
Agreement: City Manager recommended approval of the Fifth Amendment to Develop-
ment Agreement between the City of Dubuque and Weaver Castle LLC for redevelopment
of the property at 346-348 West Locust Street. Upon motion the documents were received
and filed, and Resolution No. 319-19 Approving the Fifth Amendment to the Development
Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted.
RESOLUTION NO. 319-19
APPROVING THE FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en-
tered into a Development Agreement dated for reference purposes the 21st day of August,
2013 for the redevelopment of the property at 346-348 West Locust Street, which Devel-
opment Agreement required Developer to complete certain Minimum Improvements de-
scribed therein; and
Whereas the First, Second, Third, and Fourth Amendments to Development Agree-
ment extended the substantial completion date for the Minimum Improvements; and
Whereas City and Developer now desire to amend the Development Agreement as set
forth in the Fifth Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council hereby approves the Fifth Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the Fifth Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. First Amendment to Development Agreement by and among Dupaco Voices, LLC,
Dupaco Community Credit Union, and the City of Dubuque: City Manager recommended
approval of a First Amendment to Development Agreement by and among Dupaco
Voices, LLC, Dupaco Community Credit Union and the City of Dubuque. Upon motion the
documents were received and filed, and Resolution No. 320-19 Approving a First Amend-
ment to Development Agreement by and among the City of Dubuque, Iowa; Dupaco
Voices, LLC; and Dupaco Community Credit Union was adopted.
RESOLUTION NO. 320-19
APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, IOWA, DUPACO VOICES, LLC AND DUPACO
COMMUNITY CREDIT UNION
Whereas, the City of Dubuque, Iowa, Dupaco Voices, LLC (Developer), and Dupaco
Community Credit Union (Employer) entered into a Development Agreement dated for
15
reference purposes January 22, 2019, for the redevelopment of 1000 Jackson Street in
the City of Dubuque, Iowa (the Property); and
Whereas, City, Developer, and Employer desire to amend the Development Agree-
ment as set forth in the attached First Amendment to Development Agreement; and
Whereas, it is the determination of the City Council that approval of the First Amend-
ment to Development Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The First Amendment to Development Agreement by and among the City of
Dubuque, Iowa, Dupaco Voices, LLC, and Dupaco Community Credit Union is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the First Amend-
ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is
authorized and directed to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the First Amendment to Development Agreement as herein ap-
proved.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Memorandum of Agreement with Dubuque Co. Energy District: City Attorney rec-
ommended approval of a Memorandum of Agreement with Dubuque County Energy Dis-
trict, which serves as the site supervisor for the Green Iowa AmeriCorps Dubuque team.
Upon motion the documents were received, filed and approved.
25. Nutrient Trading Update: City Manager transmitting information on the status of the
Nutrient Trading Program first initiated by the Iowa League of Cities CIG grant and the
timeline of events leading to this and future Nutrient Trading discussions. Upon motion
the documents were received and filed.
26. Fiscal Year 2019 Year End Financial Outcome for Five Flags Civic Center: City
Manager transmitting information related to the Fiscal Year 2019 year -end financials of
Five Flags Civic Center. Upon motion the documents were received and filed.
27. Fireworks Request for Iowa League of Cities Conference: Permit Application from
J&M Displays, Inc. requesting approve to display fireworks for the Iowa League of Cities
between 9:00 p.m. and 10:00 p.m. on September 26, 2019 at the Alliant Energy Amphi-
theater. Upon motion the document was received, filed and approved.
28. Signed Contract(s): Gallagher Risk Management Services Agreement for Worker's
Compensation Insurance Program Analysis; Iowa Department of Transportation for ARC
/ JFK Road Midtown Transfer Phase II; Palebluedot, LLC Climate Action Plan Update
Agreement; Walter Development, LLC (Hodge) Site Access Agreement for McFadden
Farm Site. Upon motion the documents were received and filed.
16
29. Improvement Contracts / Performance, Payment and Maintenance Bonds : Com-
mercial Flooring Company (2) for the Grand River Center meeting rooms and Exhibit Hall
carpet replacement; Eastern Iowa Excavating & Concrete, LLC for the Storm Sewer Con-
struction Chavenelle Road - First Supply 2019 Project; River City Paving for the Dubuque
Montessori Parking Lot Asphalt Paving Project; Sealmaster Foam d/b/a S&S Builders for
the Dubuque Fire Headquarters ADA Ramp Replacement Project; Temperley Excavat-
ing, Inc. (2) for the Hillcrest and Rosemont Storm Reconstruction Project and City Si de-
walk Replacements in various locations. Upon motion the documents were received, filed
and approved.
30. Business License Refund: Hill Street Plaza, Inc., formerly located at 535 Hill Street,
requesting a refund of Liquor License No. LE0002723 in the am ount of $150 and Tobacco
Permit DBQ-34-20 in the amount of $100 due to business being sold. Upon motion the
documents were received, filed and approved.
31. Alcohol License Applications: City Manager recommended approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 321-19 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 321-19
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approve d;
and
Whereas, the premises to be occupied by such applicants were in spected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The City Clerk is hereby authorized and directed to cause to be issued the noted permit
types to the following applicants pending submission of the locally required documenta-
tion:
Renewals
Locust Tobacco & Liquor 408 W. Locust St. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Los Aztecas Mexican Rest. 2700 Dodge St. Class C Liquor (Sunday)
North Side Liquor & To-
bacco
2013 Central Ave. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
17
Pete's Thai Kitchen, LLC 609 E. 22nd St. Class C Liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees Block-
toberFest 9-17
11th and Jackson to 10th
and Jackson, 10th and
Jackson and 10th and
Washington, 10th and
Washington to 11th and
Washington
Special Class C liquor (Out-
door)
Dubuque Jaycees Chili
Cook Off 10-1
3rd and Bluff St. to 5th
and bluff St. to include
up to 4th St.
Special Class C liquor (Out-
door)
Dubuque Jaycees Millwork
Night Market 9-12 and 10-
10
7th and Jackson to 9th
and Jackson to Include
E. 8th to Elm
Special Class C liquor (Out-
door)
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Shaw 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.
Seconded by Resnick. Motion carried 6-0.
1. Authorization Not-to-Exceed $170,000 General Fund Lease Agreement - Postage
Machine: City Manager recommended that a public hearing be set for September 16,
2019, on the proposal to authorize a general fund lease agreement not -to-exceed
$170,000. Upon motion the documents were received and filed, and Resolution No. 322-
19 Fixing date for a meeting on the proposition to authorize a Lease Agreement (General
Fund) in the principal amount of not-to-exceed $170,000 to acquire personal property for
the City, and providing for publication of notice thereof was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on September 16, 2019 in the Historic Federal
Building.
RESOLUTION NO. 322-19
FIXING DATE FOR A MEETING ON THE PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$170,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal amount of not to exceed $170,000 a s au-
thorized by Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing
funds to pay costs of carrying out the project as hereinafter described, and more specifi-
cally, for the lease of a postage machine; and
Whereas, the term of the proposed Lease does not exceed the economic life of the
property to be acquired; and
18
Whereas, the lease agreement shall be payable from the General Fund of the City;
and
Whereas, before a lease agreement may be authorized, it is necessary to comply with
the provisions of said Code, and to publish a notice 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 lease agreement and to receive oral and/or written objections from any reside nt or
property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council meet in the Historic Federal Building, 350 West 6 th Street,
Dubuque, Iowa, at 6:00 o'clock p.m., on the 16th day of September, 2019, for the purpose
of taking action on the matter of the authorization of a lease agreement, in the principal
amount of not to exceed $170,000 the proceeds of which will be used to provide funds to
pay costs of the acquisition of personal property for the City.
Section 2. The Clerk is hereby directed to cause at least o ne publication to be made
of a notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four clear days nor more than twenty days before the date of said
public meeting on the authorization of said lease agreement.
Section 3. The notice of the proposed action to authorize said lease agreement shall
be in substantially the [provided] form.
Passed and approved this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Authorization of Not-to-Exceed $25,000 General Fund Lease Agreement - Mail
Room Printer: City Manager recommended that a public hearing be set for September
16, 2019, on the proposal to authorize a general fund lease agreement not -to-exceed
$25,000. Upon motion the documents were received and filed, and Resolution No. 323-
19 Fixing date for a meeting on the proposition to authorize a Lease Agreement (General
Fund) in the principal amount of not-to-exceed $25,000 to acquire personal property for
the City, and providing for publication of notice thereof was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on September 16, 2019 in the Historic Federal
Building.
RESOLUTION NO. 323-19
FIXING DATE FOR A MEETING ON THE PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$25,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal amount of not to exceed $25,000 as author-
ized by Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing funds
to pay costs of carrying out the project as hereinafter described, and more specifically,
for the lease of a printer; and
19
Whereas, the term of the proposed Lease does not exceed the economic life of the
property to be acquired; and
Whereas, the lease agreement shall be payable from the General Fund of the City;
and
Whereas, before a lease agreement may be authorized, it is necessary to comply with
the provisions of said Code, and to publish a notice 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 lease agreement and to receive oral and/or written objections from any resident or
property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council meet in the Historic Federal Building, 350 West 6 th Street,
Dubuque, Iowa, at 6:00 o'clock p.m., on the 16th day of September, 2019, for the purpose
of taking action on the matter of the authorization of a lease agreement, in the principal
amount of not to exceed $25,000 the proceeds of which will be used to provide funds to
pay costs of the acquisition of personal property for the City.
Section 2. 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,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four clear days nor more than twenty days before the date of said
public meeting on the authorization of said lease agreement.
Section 3. The notice of the proposed action to authorize said lease agreement sh all
be in substantially the [provided] form.
Passed and approved this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following Commission.
1. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2022
(Vacant term of Lohrmann). Applicants: Candace Eudaley-Loebach, 1715 Glen Oak St.;
and Trevor Fannon, 476 Central Ave. Upon roll-call vote of 6-2, Ms. Eudaley-Loebach
was appointed to the 3-year term through July 1, 2022. Eudaley-Loebach = Rios, Resnick
Del Toro, Shaw; Fannon = Jones, Buol.
PUBLIC HEARINGS
1. Vacate Public Utility Easements for Padre Pio Health Care Center, Inc. (Stone Hill):
Proof of publication on notice of public hearing to consider disposal of the City’s interest
in in a Public Utility Easement of Stone Hill Community Subdivision, and the City Manager
recommended approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 324-19 Disposing of property by vacating City interest in a Public Utility
Easement over and across Lot 1-1-3 of Stone Hill Community Subdivision #1, in the City
of Dubuque, Iowa. Seconded by Shaw. Motion carried 6-0.
20
RESOLUTION NO. 324-19
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PUBLIC UTILITY
EASEMENT OVER AND ACROSS LOT 1-1-3 OF STONE HILL COMMUNITY SUBDI-
VISION # 1, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 299 -19, dated the 19th day of August
2019, declared its intent to dispose of City interest in a utility easement on real property,
legally described as:
Lot 1-1-3 of Stone Hill Community Subdivision # 1, in the City of Dubuque, Dubuque
County, Iowa, according to the recorded plat thereof (the Property); and
Whereas, a public utility easement was platted over a portion of Lot 1-1-3 of Stone Hill
Community Subdivision # 1 according to the Survey Plat for the same recorded as Instru-
ment Number 3173-79, in the office of the Dubuque County Recorder; and; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 3rd day of September 2019 at 6:00 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in the utility ease-
ment at the Property as shown on the attached Exhibit A should be vacated and doing so
is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City hereby vacates all interest in a utility easement located at the Prop-
erty as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this res olution
with the Dubuque County Recorder.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fire Station No. 6 Improvements Project - External Stairwell Addition: Proof of pub-
lication on notice of public hearing to consider approval of the plans, specifications, form
of contract and estimated cost of the Fire Station No. 6 Improvements Project, and the
City Manager recommended approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 325-19 Approval of plans, specifications, form of contract, and
estimated cost for the Fire Station 6 External Stairwell Addition Project . Seconded by
Resnick. Motion carried 6-0.
RESOLUTION NO. 325-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PRO-
JECT
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 Fire
Station 6 External Stairwell Addition Project, in the estimated amount $275,000.00, are
hereby approved.
21
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2020 Budget Amendment No. 1: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year 2020 Budget Amendment No. 1, and the
City Manager recommended approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 326-19 Amending the current budget for the Fiscal Year Ending
June 30, 2020. Seconded by Del Toro. Responding to questions from the City Council,
Director of Budget and Finance Jenny Larson explained the process of amending the
City’s budget and carrying over funds into the next fiscal year. Motion carried 6-0.
RESOLUTION NO. 326-19
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2020 (AS AMENDED LAST ON NA.)
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 08/21/19 and the public hearing held, 09/03/19
the current budget (as previously amended) is amended as set out herein and in the detail
by fund type and activity that supports this resolution which was considered at that hear-
ing:
Total Budget as
Certified or last
amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 25,575,669 0 25,575,669
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 25,575,669 0 25,575,669
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 10,738,108 0 10,738,108
Other City Taxes 6 18,167,857 0 18,167,857
Licenses & Permits 7 1,827,379 76,744 1,904,123
Use of Money and Property 8 14,388,998 2,314 14,391,312
Intergovernmental 9 48,393,574 51,946,911 100,340,485
Charges for Services 10 44,184,398 -283,810 43,900,588
Special Assessments 11 30,000 0 30,000
Miscellaneous 12 7,971,324 3,490,467 11,461,791
Other Financing Sources 13 12,989,828 25,323,502 38,313,330
Transfers In 14 30,478,335 5,760,787 36,239,122
Total Revenues and Other Sources 15 214,745,470 86,316,915 301,062,385
Expenditures & Other Financing Uses
Public Safety 16 30,100,398 796,081 30,896,479
Public Works 17 13,022,573 1,361,720 14,384,293
Health and Social Services 18 1,196,081 116,958 1,313,039
Culture and Recreation 19 12,850,660 989,439 13,840,099
Community and Economic Development 20 14,373,472 689,217 15,062,689
General Government 21 10,214,750 414,518 10,629,268
Debt Service 22 10,779,398 1,453,922 12,233,320
22
Capital Projects 23 37,057,261 51,791,759 88,849,020
Total Government Activities Expenditures 24 129,594,593 57,613,614 187,208,207
Business Type / Enterprises 25 61,888,644 32,621,001 94,509,645
Total Gov Activities & Business Expenditures 26 191,483,237 90,234,615 281,717,852
Transfers Out 27 30,478,335 5,760,787 36,239,122
Total Expenditures/Transfers Out 28 221,961,572 95,995,402 317,956,974
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29 -7,216,102 -9,678,487 -16,894,589
Beginning Fund Balance July 1 30 37,452,616 44,931,749 82,384,365
Ending Fund Balance June 30 31 30,236,514 35,253,262 65,489,776
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Kate Larson, 35 E. 19th St., spoke in support of being appointed as interim Council
Member for the Third Ward to fill the vacancy created by her recent resignation until the
November 5, 2019 General Election.
Joyce Connors, 660 Edith St., spoke in support of being appointed as i nterim Council
Member for the Third Ward to fill the vacancy created by Ms. Larson’s recent resignation
until the November 5, 2019 General Election.
Lynn Sutton, 849 Air Hill, spoke in support of filling the Third Ward vacancy as soon as
possible and to an urgency for filling the Housing Inspector positions in light of several
recent apartment fires.
ACTION ITEMS
1. Five Flags Civic Center Fiscal Year 2019 Annual Report Presentation: City Manager
transmitting the Fiscal Year 2019 Annual Report for Five Fl ags. Five Flags Manager HR
Cook of SMG made a presentation to the City Council on the Center's finances and
scheduled events. Motion by Resnick to receive and file the documents and listen to the
presentation. Seconded by Del Toro. Mr. Cook reported on the following topics: Changes
with Ticketmaster to prevent block purchase and sale of tickets; event analysis and at-
tendance by fiscal year; Fiscal Year 2019 events in review; year-end statistics; top ten
Fiscal Year 2019 events by attendance; ticket buyer demographics (age, income, gen-
der); top ten cities to purchase tickets and buyer locations; sales channels; website sta-
tistics; customer experience survey; media relations; recognitions; year-end financials;
food and beverage report; venue sponsorships and partners; upcoming events/shows
and anchor tenant performances. Mr. Cook, Leisure Services Manager Marie Ware and
City Manager Van Milligen responded to questions from the City Council following the
presentation regarding the timing and urgency of capital i mprovement projects for the
Center. Motion carried 6-0.
23
2. Award of the Westside Water System Fire Hydrant Installation Project: City Manager
recommended award of the Westside Water System Fire Hydrant Installation Project con-
tract to the low bidder Kueter Equipment Co. Motion by Resnick to receive and file the
documents and adopt Resolution No. 327-19 Awarding the public improvement contract
for the Westside Water System Fire Hydrant Installation Project. Seconded by Shaw. Mo-
tion carried 6-0.
RESOLUTION NO. 327-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE WESTSIDE WATER
SYSTEM FIRE HYDRANT INSTALLATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the West Side Wa-
ter System Fire Hydrant Installation Project, (the Project) pursuant to Resolution No. 303-
19 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 9th day of August 2019; and
Whereas, said sealed proposals were opened and read on the 22 nd day of August 2019
and it has been determined that Kueter Equipment Company of Dubuque, Iowa, in the
bid amount of $140,798.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F
DUBUQUE, IOWA THAT:
A Public Improvement Contract for the Westside Water System Fire Hydrant Installa-
tion Project is hereby awarded to Kueter Equipment Compa ny and the City Manager is
hereby directed to execute a Public Improvement Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Institutional District (ID) Amendment - 3475 & 3485 Windsor Ave, 1001 Assisi Drive
(Stonehill/Assisi Village) (Second Reading): Zoning Advisory Commission recommending
approval of a request from Benjamin Beard to rezone property at 3475, 3485 Windsor
Avenue, and 1001 Assisi Drive to unify the current ID Institutional, Planned Unit Develop-
ment and R-1 Single-Family Zoning Districts of the Padre Pio Health Center and Assisi
Village into a single, Planned Unit Development with a Planned Residential designatio n,
and to allow an addition to be built on the south side of the Assisi Village building. Motion
by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings pr ior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried
6-0.
Motion by Jones for final consideration and passage of Ordinance No. 36-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Rescind-
ing Ordinances 66-95, 25-97, 45-11 and 36-16 Approving an Amended Conceptual De-
velopment Plan for the Padre Pio Health Care Center and Assisi Village, Rezone the
Existing Institutional District to Planned Unit Development, and Rezone Propert y Along
Sheridan Road from R-1 to Planned Unit Development. Seconded by Resnick. Motion
carried 6-0.
24
OFFICIAL PUBLICATION
ORDINANCE NO. 36-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, RESCINDING ORDINANCES 66-95, 25-97, 45-11 AND
36-16 APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE
PADRE PIO HEALTH CARE CENTER AND ASSISI VILLAGE, REZONE THE EXIST-
ING INSTITUTIONAL DISTRICT TO PLANNED UNIT DEVELOPMENT, AND REZONE
PROPERTY ALONG SHERIDAN ROAD FROM R-1 TO PLANNED UNIT DEVELOP-
MENT
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 Develop-
ment Code is hereby amended by rescinding Ordinances No. 66 -95, 25-97, 45-11 and
36-16, and adopting a revised campus development plan for the Padre Pio Health Care
Center and Assisi Village, and rezone the existing Institutional District to Planned Unit
Development, and rezone property along Sheridan Road from R -1 to Planned Unit De-
velopment, to wit:
Lot 1 Padre Pio Subdivision No. 1, and to the centerline of the adjoining public right -
of-way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of this Planned Unit Development
District, the above-described property is subject to the following conditions and re-
strictions:
A. Use Regulations - The following regulations shall apply to all uses made of land
in the above-described Planned Residential District:
1. Principal permitted uses shall be limited to the following:
a. Nursing or convalescent homes.
b. Residential care facilities.
c. Multi-family dwellings limited to 53 congregate apartments and 25 cottages
for independent living.
d. Offices for administrative personnel or other employees and affiliates.
e. Off-street parking and loading.
2. Conditional use shall be regulated by Section 5 -22.2 of the Unified Develop-
ment Code.
3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Develop-
ment Code.
B. Lot and Bulk Regulations - Development of land in the Planned Residential Dis-
trict shall be regulated as follows:
1. That all previously-approved campus development plans are hereby amended
to allow for the attached development plan.
C. Site Development Standards - The site development standards for this Planned
Residential District shall be established as follows:
1. That the proposed access road from Sheridan Road shall be located in sub-
stantial conformance with the conceptual development plan.
2. The 24-foot wide private roadway serving the Assisi Village development shall
have no on-street parking allowed.
25
3. Off-street parking for the Assisi Village development shall be .5 space per con-
gregate apartment unit and 2 spaces per cottage dwelling.
4. Sidewalks shall be provided within the Assisi Village development as depicted
in the approved conceptual plan.
5. Site plans shall be submitted in compliance with Section 12 Site Plans of the
Unified Development Code.
6. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Uni-
fied Development Code.
7. That storm water from new facilities shall comply with Section 13 -3.3 Storm
Water Management of the Unified Development Code.
8. Landscaping and screening requirements shall be established in accordance
with the requirements of Section 13-4.4 of the Unified Development Code.
9. Trash enclosures shall comply with Section 13 -4.9 Exterior Trash Collection
Areas of the Unified Development Code.
D. Sign Regulations
1. The sign regulations for the Padre Pio Health Center shall be in accord ance
with the ID District in Section 15-11.13 of the Unified Development Code of the City
of Dubuque, Iowa.
2. The sign regulations for the Assisi Village Development shall be in accordance
with the R-4 Multi-Family Residential District in Section 15-11.1 of the Unified De-
velopment Code.
E. Parking Standards - The off-street parking requirement for the principal permitted
uses for the herein described Planned Residential District shall be regulated as follows:
1. That new off-street parking spaces shall be designed and constructed in com-
pliance with Section 13-3.5 Parking Lot Layout of the Unified Development Code.
2. Any significant expansion or reduction in the number of off -street parking
spaces must be reviewed by Planning Services staff for compliance with the
adopted Padre Pio Health Center/Assisi Village Planned Residential District.
F. Ordinance History
1. 66-95: Rezoned Stonehill Care Center property from R-4 Multi-Family Resi-
dential District to ID Institutional District.
2. 25-97: Amended existing Planned Unit Development District to allow the de-
velopment of the Assisi Village.
3. 45-11: Amend Institutional District to allow construction of 4-story nursing ad-
dition and a single-story therapy addition.
4. 36-16: Amend Institutional District by rezoning 3160 Sheridan Road from -
R-1 Single Family District to Institutional District and allow construction of a new
access drive to Sheridan Road.
G. Transfer of Ownership - Transfer of ownership or lease of property in this Planned
Residential District shall include the transfer or lease agreement, the provision that the
purchaser or leasee acknowledges awareness of the conditionals authorizing the es-
tablishment of this district.
H. Modifications - Any modifications of this Ordinance must be approved by the City
council in accordance with zoning reclassification proceedings of Section 9 -5 of the
Unified Development Code.
26
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
4. East-West Corridor Moratorium Extension (Second Reading): City Manager recom-
mended approval of a three-year extension to the moratorium for construction, rezoning,
subdivision review, and site plan approval in the East-West Corridor Study Area. Motion
by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Del Toro. Motion carried
6-0.
Motion by Jones for final consideration and passage of Ordinance No. 37-19 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Build-
ing Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or
Other Work on Certain Streets, Areas, or Facilities by Extending the Moratorium . Se-
conded by Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOV-
ING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON
CERTAIN STREETS, AREAS, OR FACILITIES BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as
follows:
Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas
or Facilities:
A. East-West Corridor Study Area: The city manager may not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of
any structure, building, or sign in the east-west corridor study area as shown on the
map on file in the office of the city clerk, but not to include demolition or emergency
repairs without the approval of the city council, from the effective date hereof to August
16, 2022, except where a vested right to the issuance of such permit accrued prior to
the effective date hereof.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
27
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 9 Residential Parking Permit Program (Sec-
ond Reading): City Manager recommended an amendment to existing City Ordinance 9-
14-321.722 (B): Residential Parking Permit Program Established - Parking Study to in-
clude amendments to the timeline for completin g a parking study in the petitioned area,
maximum number of site visits, and setting minimum conditions for City Council approval
for creation of a residential parking permit district. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Resnick. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 38-19 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park-
ing, Division 7 Residential Parking Permit Program, Section 9-14-321-722 Residential
Parking Permit Program Established. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING
PERMIT PROGRAM, SECTION 9-14-321.722 RESIDENTIAL PARKING PERMIT PRO-
GRAM ESTABLISHED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.722 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED:
There is hereby established a Residential Parking Permit Program. The procedure for
being designated a residential parking permit district shall be as follows:
A. Petition:
1. Required: In order to be considered for a residential parking permit district des-
ignation, a group of residents must submit a petition to the City Manager containing
the signature of an adult member of at least sixty percent (60%) of the dwelling units
in the residential area. Petitions shall only be considered for areas which contain at
least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries
of and the streets within the proposed permit parking district shall be clearly identi-
fied on each page of the petition. The petition shall also state clearly that, if the
district is approved that participation in the program is mandatory, only those vehi-
cles with a permit shall be permitted to park in the residential parking permit district
between seven o'clock (7:00) a.m. and five thirty o'clock (5:30) p.m. daily, or such
other hours as may be requested by the petition and approved by the City Council,
except Sundays and holidays, and an annual fee will be charged for a parking permit
for each vehicle. The necessary petition can be obtained from the Office of the City
Clerk. A cover letter explaining the reasons for the request and a map showing the
boundaries of the proposed parking permit district shall accompany the petition.
28
2. Exception: A petition may be considered for an area which contains less than
four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating
conditions that render such requirement unreasonable. Upon the recommendation
of the City Manager, such requirement may be waived by the City Council if it finds
that the proposed residential district is isolated or separated from other residential
areas by topographical features or by commercial area. The City Council shall not
grant such a waiver, however, if it determines that the only basis for granting such
a waiver is the convenience of the residents or if it determines that the waiver is
being requested by the petitioners to prevent opposition to establishing a district. All
other requirements of this division must be established.
3. A petition for creation of a residential parking permit district in an area may only
be submitted for consideration once per quarter.
B. Parking Study: Upon receipt of a valid petition, the City Manager shall cause a
parking study of the area identified in the petition to be conducted. A residential parking
permit district may be established only if the results of the study demonstrate that the
following criterions are satisfied during peak periods:
1. At least seventy percent (70%) of the curbside parking spaces in the proposed
parking permit district were utilized during peak periods. For purposes of this crite-
rion, a legal curbside parking space shall be twenty-three (23) linear feet.
2. At least twenty five percent (25%) of the curbside parking spaces in the pro-
posed parking district were utilized by nonresident parkers. For purposes of this
criterion, the latest available motor vehicle registration information shall be used.
3. The parking study will be completed within thirty (30) days of receipt of the
petition, except in specific circumstances deemed necessary by the City Engineer.
4. No more than four (4) site visits will be completed as part of a parking study,
except in specific circumstances deemed necessary by the City Engineer.
5. In order to receive a recommendation to the City Council for creation of a res-
idential parking permit district the conditions in subsection 1 and 2 must be met a
minimum of one (1) time during the site visits.
C. Parking Study Report And Recommendation: Upon completion of the parking
study, if the conditions of subsection B of this section are established, the City Manager
shall make a report and recommendation to the City Council, based upon the petition
and results of the survey, on whether or not to designate the proposed parking district
or a portion thereof as a residential parking permit district and the hours such re-
strictions are to be in effect. The recommendation shall take the following into account:
1. The effect on the safety of the residents of the proposed residential parking
permit district from intensive parking by nonresidents;
2. The difficulty or inability of residents of the proposed residential parking permit
district to obtain adequate curbside parking adjacent to or near their residences be-
cause of widespread use of available curbside parking spaces by nonresident mo-
torists;
3. The likelihood of alleviating, by use of the Residential Parking Permit Program,
any problem of nonavailability of residential parking spaces; and
4. The desire of the residents in the proposed residential parking permit area for
the institution of a residential parking permit district and the willingness of those
29
residents to bear the cost incidental to the administration of the Residential Parking
Permit Program.
D. Public Hearing: Upon receipt of the rep ort and recommendation from the City
Manager, the City Council shall set a public hearing on the petition. Upon completion
of the public hearing, the City Council may reject the petition or adopt an ordinance
designating the permit area as a residential parking permit district and the hours such
parking restrictions are to be in effect.
E. Amendments:
1. Amendments to the existing districts for expansion or reduction of t he district
must be requested by submitting to the City Manager a petition containing t he sig-
natures of an adult member of at least sixty percent (60%) of the dwelling units in
the residential area proposed for expansion or reduction to the district.
2. Amendments to the existing districts for a change in the days/times must com-
ply with the standards for establishment of a district.
3. An amendment to expand or reduce a district will not be considered if the pro-
posed change will not meet the requirement of two (2) block faces unless there are
extenuating conditions that render such requiremen t unreasonable.
4. Expansion areas of a district will inherit the same days/times for parking re-
strictions as the previously established district.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment - Title 14 Adoption of the 2017 National Electric
Code (Second Reading): City Manager recommended approval of an amendment to the
City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1
Building Codes, Article D Electric 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 passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Del Toro. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-19 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article D Electrical Code, Sections 14-1D-1 National Electrical Code Adopted
and 14-1D-2 National Electrical Code Amendments. Seconded by Del Toro. Motion car-
ried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE,
SECTIONS 14-1D-1 NATIONAL ELECTRICAL CODE ADOPTED AND 14-1D-2 NA-
TIONAL ELECTRICAL CODE AMENDMENTS
30
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1D-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1D-1: NATIONAL ELECTRICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the electrical code of the city that certain electrical code known as the
national electrical code, 2017 edition, as prepared and edited by the National Fire Pro-
tection Agency, Quincy, Massachusetts, and the provisions of such electrical code sh all
be controlling in the supply of electricity and in the installation, maintenance and use of
all electrical conductors and equipment and installation of optical fiber cable within the
corporate limits of the city, and shall be known as the Dubuque electrical code. A copy of
the national electrical code, 2017 edition, as adopted, shall be on file in the office of the
city clerk for public inspection.
Section 2. Section 14-1D-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The national electrical code adopted by section 14-1D-1 of this article is hereby
amended as follows:
. . . .
80-3. Definitions, General. For the purpose of these provisions, certain terms,
phrases, words, and their derivatives shall be construed as specified in this section.
Where terms are not defined, they shall have their ordinarily accepted meanings within
the context with which they are used. Webster's third new international dictionary of
the English language, unabridged, copyright 1981, shall be considered as providing
ordinarily accepted meanings. Words used in the singular include the plural and the
plural the singular. Words used in masculine gender include the feminine and the fem-
inine the masculine.
Approved, as to materials, equipment, and method of construction means ap-
proval by the building official as the result of investigation and tests conducted or by
reasons of accepted principles or tests by recognized authorities, technical, or sci-
entific organizations.
Approved agency means an established and recognized agency regularly en-
gaged in conducting tests or furnishing inspection services, when such agency has
been approved by the building official.
Building code means the international building code promulgated by the Interna-
tional Code Council, Inc., as adopted by this jurisdiction.
Building official means the officer charged with the administration and enforcement
of this code, or duly authorized representatives, and is the authority having jurisdiction
for this code.
Chief electrical inspector means the person providing expertise for the building off i-
cial in the area of electrical regulations.
Code enforcement agency means the department, division, or agency of this juris-
diction charged with the function of code enforcement and shall be under the admin-
istration and operational control of the building official.
31
Commercial installation means an installation intended for commerce, but does not
include a residential installation.
Dubuque board means the city of Dubuque electrical code board.
Electrical code means the national electrical code promulgated by the National Fire
Protection Association, as adopted by this jurisdiction.
Electrical equipment means all electrical materials, wiring, conductors, fittings, de-
vices, appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work means all installations, alterations, repairs, removals, renewals, re-
placements, connections, disconnections, and maintenance of all electrical equipment
except as otherwise noted.
Firewall means the same as an area separation wall as used in the building code.
Industrial installation means an installation intended for use in the manufacture or
processing of products involving systematic labor or habitual employment and includes
installations in which agricultural or other products are habitually or customarily pro-
cessed or stored for others, either by buying or reselling on a fee basis.
Inspector means a person certified as an electrical inspector upon such reason-
able conditions as may be adopted by the board.
In-house electricians, not for hire by the general public.
(i) In-house electricians are required to carry an Iowa Master’s level license in
order to obtain a permit.
(ii) In-house electricians can only work on the premises for which the licensee
is directly employed and any other persons doing electrical work un der the su-
pervision of the in-house electricians must also registered with the state of Iowa
as an apprentice, journeyman, or Master A or B electrician.
Listed and listing means equipment and materials which are shown in a list pub-
lished by an approved testing agency, qualified and equipped for experimental test-
ing, and maintaining an adequate periodic inspection of current productions and
whose listing states that the equipment complies with nationally recognized safety
standards.
Multiple occupancy building means a building having more than one (1) tenant
and may be of single or mixed-use groups as classified by the building code.
New electrical installation means the installation of electrical wiring, apparatus,
and equipment for light, heat, power, and o ther purposes.
Occupancy means the purpose for which a building, or part thereof, is used or
intended to be used.
Public use building or facility means any building or facility designated for public
use, including all property owned and occupied or designated for use by the state
of Iowa.
Residential installation means an installation intended for a single -family or two-
family residential dwelling or a multi-family residential dwelling not larger than a four-
family dwelling.
Routine maintenance means the servicing, maintaining, or repairing of existing
electrical apparatus or equipment for which no changes in wiring are made.
State board means the electrical examining board created under Iowa Code section
103.2.
. . . .
32
82-2. Permit Process.
(a) Application For Permit. The applicant for an electrical permit must be one of
the following:
(1) The homeowner as defined elsewhere in this ordinance; or,
(2) Registered with the state of Iowa as a class "A" master electrical licensee
and affiliated with an electrical contracting firm or business that is also licensed
by and registered with the state of Iowa.
(3) In-house electricians, not for hire by the general public.
(b) Application. To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the code enforcement agency for that pur-
pose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which appli-
cation is made;
(2) Describe the land on which the proposed work is to be done by legal de-
scription, street address, or similar description that will readily identify and defi-
nitely locate the proposed building or work;
(3) Identify the owner of property, and tenant if applic able, on which the pro-
posed work is to be done;
(4) Indicate the use or occupancy for which the proposed work is intended;
(5) Be accompanied by plans, diagrams, computations, and specifications and
other data as required in subsection (b) of this section;
(6) Be signed by permittee or authorized agent; and
(7) Give such other data and information as may be required by the building
official.
(c) Plans And Specifications. Plans, engineering calculations, diagrams, and
other data shall be submitted in one or more sets with each application for a permit.
The building official may require plans, computations, and specifications to be pre-
pared and designed by an engineer or architect licensed by the state of Iowa to
practice as such.
EXCEPTION: The building official may waive the submission of plans, calcula-
tions, etc., if it is found that the nature of the work applied for is such that reviewing
of plans is not necessary to obtain compliance with this code.
(d) Information On Plans And Specifications. Plans and specifications shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature, and extent of the work proposed and show in detail
that it will conform to the provisions of this code and all releva nt laws, ordinances,
rules, and regulations.
Plans for buildings more than two (2) stories in height of other than groups R,
division 3, and M occupancies shall indicate how required structural and fire -resis-
tive integrity will be maintained where a penetration will be made for electrical and
communication conduits, pipes, and similar systems.
. . . .
210.12. Arc-Fault Circuit-Interrupter Protection.
(B) Branch Circuit Extensions Or Modifications - Dwelling Units.
This section is hereby repealed.
33
(D) Branch Circuit Extensions or Modifications – Dwelling Units and Dormitory
Units.
This section is hereby repealed.
. . . .
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment - Title 14 Adoption of the 2018 International I-
Codes (Second Reading): City Manager recommended adoption of amendments to the
City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1
Building Codes that update the current City of Dubuque Code of Ordinances from the
2015 editions to the 2018 editions. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be s us-
pended. Seconded by Del Toro. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 40-19 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article A Building Code and Regulations, Sections 14-1A-1 International Build-
ing Code Adopted And 14-1A-2 International Building Code Amendments;
Ordinance No. 41-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article B Residential Code, Sections 14-
1B-1 International Residential Code Adopted and 14-1B-2 International Residential Code
Amendments;
Ordinance No. 42-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, A rticle F Mechanical Code, Sections 14-
1F-1 International Mechanical Code Adopted and Section 14-1F-2 International Mechan-
ical Code Amendments;
Ordinance No. 43-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Sections 14-1G-
1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas Code Amendments;
Ordinance No. 44-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article H Plumbing Code, Sections 14-1H-
1 International Plumbing Code Adopted and 14 -1H-2 International Plumbing Code
Amendments;
Ordinance No. 45-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Sec-
tions 14-1J-1 International Property Maintenance Code Adopted and 14-1J-2 Interna-
tional Property Maintenance Code Amendments;
Ordinance No. 46-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes; and
34
Ordinance No. 47-19 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations, Sec-
tion 14-1E-1 International Fire Code Adopted and 14-1E-2 International Fire Code
Amendments. Seconded by Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND
REGULATIONS, SECTIONS 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED
AND 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS
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 to
read as follows:
14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED:
Except as hereinafter added to, deleted, modified, or amended, there is hereby
adopted by reference as the building code of the city that certain building code known as
the international building code, 2018 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, 2018 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 to
read as follows:
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
building code, 2018 edition, adopted in section 14-1A-1 of this article to read as follows:
Section 101.2. Scope. Amended to read:
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 struc-
ture within this jurisdiction, except work located primarily in a public way, public utility
towers and poles, mechanical equipment not specifically regulated in this code, and
hydraulic flood control structures.
For additions, alterations, moving and maintenance of buildings and structures,
see 2018 international existing building code (IEBC). For temporary buildings and
structures, see section 3103 of the international building code.
Where, in any specific case, different sections of this code specify different ma-
terials, methods of construction or other requirements, the most restrictive shall gov-
ern. Where there is a conflict between a general requirement and a specific require-
ment, the specific requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the appen-
dix shall not apply unless specifically adopted.
. . . .
Section 105.5. Expiration. Amended to read:
35
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 propor-
tions, will require more time, in which instance the building official may grant permits
for the project in phases. The building official is authorized 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; provided, that
a fee is paid for each renewal as set by the city manager.
. . . .
Section 114. Violations. Amended to read:
Sec. 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demol-
ish, 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 pun-
ishable as provided in title 1 of the code of ordinances. The penalty herein provided
shall be cumulative with and in addition to the re vocation, cancellation or forfeiture
of any license or permit elsewhere in this code provided for violation thereof.
A notice of violation is not required in every situation and city staff may issue a
municipal infraction without previously issuing a notice of violation.
. . . .
Section 903.3.1.1.1. Exempt Locations. Amended to read:
Sec. 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in
the following rooms or areas where such rooms or areas are protected with an ap-
proved automatic fire detection system in accordance with section 907.2 that will
respond to visible or invisible particles of combustion. Sprinklers shall not be omitted
from a room merely because it is damp, of fire-resistance-rated construction or con-
tains electrical equipment.
1. A room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of
the nature of the contents, where approved by the fire code official.
3. Generator and transformer rooms separated from the remainder of the build-
ing by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
4. Rooms or areas that are of noncombustible construction wit h wholly non-
combustible contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Machine rooms, machinery spaces, control rooms and control spaces as-
sociated with occupant evacuation elevators designed in accordance with Sec-
tion 3008.
36
7. Automatic sprinklers shall not be installed in elevator machine rooms, ele-
vator machine spaces, and elevator hoistways other than pits where such sprin-
klers would not necessitate shunt trip requirements under any circumstances.
Storage shall not be allowed within the elevator machine room. Signage shall be
provided at the entry doors to the elevator machine room indicating "Elevator
Machinery-No Storage Allowed".
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September
2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 41-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE,
SECTIONS 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND 14-1B-2
INTERNATIONAL RESIDENTIAL CODE AMENDMENTS
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 to
read as follows:
14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified, or amended, there is hereby
adopted by reference as the residential building code of the city that certain building code
known as the international residential code, 2018 edition, and as published by the Inter-
national Code Council, Inc., and the provisions of such building code shall be controlling
in the construction, remodeling, maintenance, repair, and reconstruction of one- and two-
family residential buildings and in all matters covered by such building code within the
corporate limits of the city and shall be known as the "Dubuque residential building code".
A copy of the international residential code, 2018 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 to
read as follows:
14-1B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
residential code, 2018 edition, adopted in section 14-1B-1 of this article to read as follows:
. . . .
Section R302.2.2.4 Parapets For Townhouses. Deleted.
Section R302.2.5 Parapet Construction. Deleted.
Section R310.1 Emergency Escape And Rescue Opening Required. Amended to read:
Sec. R310.1. Emergency Escape And Rescue Required. Basements, habitable
attics, and every sleeping room shall have at least one (1) operable emerg ency es-
cape and rescue opening. Where basements contain one or more sleeping rooms,
37
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. 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 R310.3.2. 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 termi-
nates in a room separate from the first stairway.
3. The finished sill height may exceed 44 inches (1118 mm) above the floor if
approved by the code 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 build-
ing would adversely affect the historical significance of the building.
b. A platform capable of supporting a live load of 300 pounds shall be per-
manently 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 R314.
Section 310.2.5 Replacement Windows. Amended to read:
Section R310.2.5 Replacement windows. Replacement windows installed in
buildings meeting the scope of this code shall be exempt from the maximum sill
height requirements of Section R310.2.2 and the requirements of Section R310.2.1,
provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest size window that will
fit within the rough opening. The replacement window is of the same operating
style as the existing window or a style that provides for an equal or greater win-
dow opening area than the existing window.
2. The replacement window is not part of a change of occupancy.
. . . .
Appendix A - Adopt
Appendix B - Adopt
Appendix C - Adopt
Appendix D - Do not adopt
Appendix E - Do not adopt
Appendix F - Do not adopt
38
Appendix G - Adopt
Appendix H - Do not adopt
Appendix I - Do not adopt
Appendix J - Do not adopt
Appendix K - Do not adopt
Appendix L - Do not adopt
Appendix M - Do not adopt
Appendix N - Adopt
Appendix O - Do not adopt
Appendix P - Adopt
Appendix Q - Do not adopt
Appendix R - Do not adopt
Appendix S - Do not adopt
Appendix T - Do not adopt
Section 3. This ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 42-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE,
SECTIONS 14-1F-1 INTERNATIONAL MECHANICAL CODE ADOPTED AND SEC-
TION 14-1F-2 INTERNATIONAL MECHANICAL CODE AMENDMENTS
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 to
read as follows:
14-1F-1: INTERNATIONAL MECHANICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the mechanical code of the city that certain mechanical code known as
the international mechanical code, 2018 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 pro ducing ap-
pliances within the corporate limits of the city and shall be known as the Dubuque me-
chanical code. A copy of the international mechanical code, 2018 edition, as adopted,
shall be on file in the office of the city clerk for public inspection.
Section 2. Section 14-1F-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
mechanical code, 2018 edition, adopted in section 14-1F-1 of this article to read as fol-
lows:
39
Section 108 Violations. Amended to read:
Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, mo ve, improve, remove, con-
vert, 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 pun-
ishable 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.
A notice of violation is not required in every situation and city staff may issue a
municipal infraction without previously issuing a notice of violation.
Section 109 Means Of Appeal. Amended to read:
See city of Dubuque code of ordinances section 14-1F-4.
Section 202 Definitions. Amendment to "building official" and inclusion of "code official":
Building Official. See "Code Official".
Code Official. The officer or other designated authority charged with the administra-
tion and enforcement of this code, or a duly authorized represent ative. Any reference
to "building official" in this code refers to "code official".
Section 3. This ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 43-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE,
SECTIONS 14-1G-1 FUEL GAS CODE ADOPTED AND 14-1G-2 FUEL GAS CODE
AMENDMENTS
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 t he
international fuel gas code, 2018 edition, as prepared and edited by the Internati onal
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 equip-
ment, gaseous hydrogen systems and related accessories within the corpora te limits of
the city and shall be known as the Dubuque fuel gas code. A copy of the international fuel
40
gas code, 2018 edition, as adopted, shall be on file in the office of the city clerk for public
inspection.
Section 2. Section 14-1G-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1G-2: FUEL GAS CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
fuel gas code, 2018 edition, adopted in section 14-1G-1 of this article to read as follows:
Section 108.2 amended to read:
Notice Of Violation. The code official shall serve a notice of violation or order to the
person responsible for the erection, installation, alteration, extension, repair, removal or
demolition of work in violation of the provisions of this code, or in violation of a detail
statement or the approved construction documents thereunder, or in violation of a permit
or certificate issued under the provisions of this code. Such order shall direct the discon-
tinuance of the illegal action or condition and the abatement of the violation.
A notice of violation is not required in every situation and city staff may issue a munic-
ipal infraction without previously issuing a notice of violation.
Sections 109.1 through 109.7 replaced with city of Dubuque code of ordinances section
14-1F-4.
Section 202 General Definitions. Amendment to "building official" and inclusion of "code
official":
Building Official. See "Code Official".
Code Official. The officer or other designated authority charged with the administra-
tion and enforcement of this code, or a duly authorized representative. Any reference
to "building official" in this code refers to "code official".
Sections 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with
the following:
The test pressure to be used shall be 15 psi for 15 minutes with a 30-psi gauge
maximum one-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.
Appendix A – Adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Do not adopt
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 44-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE,
41
SECTIONS 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED AND 14-1H-2 IN-
TERNATIONAL PLUMBING CODE AMENDMENTS
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 to
read 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
international plumbing code, 2018 edition, published by the International Code Council,
and the provisions of such plumbing code shall be controlling for the installation, altera-
tion, repair, relocation, 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 inter-
national plumbing code, 2018 edition, as adopted, shall be on file in the office of the city
clerk for public inspection.
Section 2. Section 14-1H-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
plumbing code, 2018 edition, adopted in section 14-1H-1 of this article to read as follows:
. . . .
Section 106.6.1 Work Commencing Before Permit Issuance. Amended to read:
Sec. 106.6.1. 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. The
investigation fee shall be equal to the amount of the permit f ee that would be re-
quired by this code if a permit were to be issued or seventy -five dollars ($75.00),
whichever is greater. The payment of such investigation fee shall not exempt any
person from compliance with all other provisions of this code nor from a ny penalty
prescribed by law.
. . . .
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 45-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTIONS 14-1J-1 INTERNATIONAL PROPERTY MAINTENANCE
42
CODE ADOPTED AND 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE
AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED:
That a certain document, copies of which are on file in the office of the building services
department and housing and com munity development department, being marked and
designated as the international property maintenance code, 2018 edition, as published
by the International Code Council, be and is hereby adopted as the property maintenance
code of the city of Dubuque, in th e state of Iowa for regulating and governing the condi-
tions and maintenance of all property, buildings and structures; by providing the standards
for supplied utilities and facilities and other physical things and conditions essential to
ensure that structures are safe, sanitary and fit for occupation and use; and the condem-
nation of buildings and structures unfit for human occupancy and use, and the demolition
of such existing structures as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations, provisions, penalties, con-
ditions and terms of said property maintenance code on file in the offices of the building
services and housing and community development departments are hereby referred t o,
adopted, and made a part hereof, as if fully set out in this legislation, with the additions,
insertions, deletions and changes, if any, prescribed in section 14-1J-2 of this article.
Section 2. Section 14-1J-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
property maintenance code, 2018 edition, adopted in section 14-1J-1 of this article to read
as follows:
. . . .
Section 103.5. Fees. Amended to read:
103.5. Fees. The fees for activities and services performed by the housing and com-
munity development department and building services department will be established by
the city council.
. . . .
Section 303.2. Enclosures. Amended to read:
303.2 Enclosures. Private swimming pools, hot tubs, and spas, capable of contain-
ing water more than 24 inches (610 mm) in depth shall be completely surrounded by a
fence or barrier not less than 48 inches (1219 mm) in height above the finished ground
level measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is less
than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self -closing and self-latching gates shall be
maintained such that the gate will positively close and latch when release d from an
open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shal l
not be removed, replaced, or changed in a manner that reduces its effectiveness as a
safety barrier.
43
Section 304.2. Protective Treatment. Amended to read:
304.2. Protective Treatment. Exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks and fences, shall
be maintained in good condition. Exterior wood surfaces, other than decay -resistant
woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be eliminated, and sur-
faces repainted. Siding and masonry joints, as well as those between the building en-
velope and the perimeter of windows, doors and skylights, shall be maintained weather
resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior
surfaces when oxidation stains or rust compromises the function of the building com-
ponent to perform as designed. Surfaces designed for stabilization by oxidation are
exempt from this requirement.
. . . .
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 46-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1 of the City of Dubuque Code of Ordinances is amended
by adding the following Article:
ARTICLE K. INTERNATIONAL EXISTING BUILDING CODE
14-1K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the existing building code of the city that certain existing building code
known as the international existing building code, 2018 edition, published by the Interna-
tional Code Council, and the provisions of such existing building code shall be controlling
for all matters covered by such existing building code within the corporate limits of the city
and shall be known as the Dubuque existing building code. A copy of the international
existing building code, 2018 edition, as adopted, shall be on file in the office of the city
clerk for public inspection.
14-1K-2: INTERNATIONAL EXISITING BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
existing building code, 2018 edition, adopted in section 14-1K-1 of this article to read as
follows:
Section 101.1 Title. Insert: City of Dubuque
Section 505.3 Replacement window emergency esca pe and rescue opening.
Amended to read:
44
Section 505.3 Replacement window emergency escape and rescu e opening.
Where windows are required to provide emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses
regulated by the International Residential Code, replacement windows shall be exempt
from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International
Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the Internationa l Res-
idential Code, provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer’s largest size window that will fit
within the existing rough opening. The replacement window shall be permitted to be
of the same operating style as the existing window or a style that provides for an
equal or greater window opening area than the existing window.
Section 702.5 Replacement window emergency escape and rescue opening. Amended
to read:
Section 702.5 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses
regulated by the International Residential Code, replacement windows shall be exempt
from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the I nternational
Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Res-
idential Code, provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer’s largest size window that will fit
within the existing rough opening. The replacement window shall be permitted to be
of the same operating style as the existing window or a style that provides for an
equal or greater window opening area than the existing window.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 47-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REG-
ULATIONS, SECTION 14-1E-1 INTERNATIONAL FIRE CODE ADOPTED AND 14-1E-
2 INTERNATIONAL FIRE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, the international fire
code, 2018 edition, as promulgated by the International Code Council, is hereby adopted
by reference from the effective date hereof.
45
A copy of the international fire code, 2018 edition, is on file at the fire headquarters for
public inspection.
Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
fire code, 2018 edition, adopted in section 14-1E-1 of this article to read as follows:
Section 102.6 Historic Buildings. Amended to read:
102.6 Historic Buildings. Repairs, alterations and additions necessary for the
preservation, restoration, rehabilitation, continued use or change of use of a historic
building may be made in compliance with the provisions of the uniform code for
building conservation (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 ma-
terials, methods of construction or other requirements, the most restrictive shall gov-
ern. Where there is a conflict between a general requirement and a specific require-
ment, 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.
Section 105 Permits. Amended to read:
105 Permits Required. It shall be unlawful for any person, firm or corporation to
use a building or premises or engage in any activities for which a permit is required
by the code of ordinances without first having obtained such permit.
Section 109.1 through 109.3 replaced with city of Dubuque code of ordinances section
14-1A-6.
Section 110.3 Notice Of Violation. Deleted.
Section 202 Definitions. Inclusion of "code official" and “novelty”:
Code Official. The officer or other designated authority charged w ith the admin-
istration and enforcement of this code, or a duly authorized representative. Any ref-
erence to "official" in this code refers to "code official".
Novelty. A device containing small amounts of pyrotechnic and/or explosive com-
position but does not fall under the category of consumer fireworks. Such devices
produce limited visible or audible effects. Examples are sparklers, snakes, tank s,
poppers, and snappers.
Section 308.1.4 Open-flame cooking devices. Amended to read:
Charcoal burners and other open-flame cooking devices shall not be located,
stored or operated on combustible balconies or within 10 feet (3048 mm) of com-
bustible construction. Exceptions: One- and two-family dwellings. Where buildings,
balconies and decks are protected by an automatic sprinkler system. LP-gas cook-
ing devices having LP-gas container with a water capacity not greater than 2 ½
pounds [nominal 1 pound (0.454 kg) LP-gas capacity].
Section 308.1.6.3 Sky Lanterns. Amended to read:
308.1.6.3 Free Floating Devices. A person shall not release or cause to be re-
leased untethered free floating devices containing an open flame or other heat
source, such as but not limited to a sky lantern.
Section 308.3 Group A occupancies. Amended to read:
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Open-flame devices and novelties, including sparklers, snakes, tanks, pop-
pers, and snappers shall not be used in or on the grounds of a Group A occu-
pancy.
Exceptions: Open-flame devices are allowed to be used in the following situa-
tions, provided that approved precautions are taken to prevent ig nition of a com-
bustible material or injury to occupants:
1. Where necessary for ceremonial or religious purposes in accordance with
Section 308.1.7.
2. On stages and platforms as a necessary part of a performance in accord-
ance with Section 308.3.2.
3. Where candles on tables are securely supported on substantial noncom-
bustible bases and the candle flames are protected.’
4. Heat-producing equipment complying with Chapter 6 and the International
Mechanical Code.
5. Gas lights are allowed to be used provided that adequate precautions sat-
isfactory to the fire code official are taken to prevent ignition of combustible ma-
terials.
Section 311.1.1 Abandoned Premises. Amended to read:
311.1.1 Abandoned Premises. Buildings, structures and premises for which an
owner cannot be identified or located by dispatch of a certificate of mailing to the
last known or registered address, which persistently or repeatedly become unpro-
tected or unsecured, which have been occupied by unauthorized persons or for ille-
gal purposes, or which present a danger of structural collapse or fire spread to ad-
jacent properties shall be considered abandoned, declared unsafe and abated by
demolition or rehabilitation in accordance with the international property mainte-
nance code and the internationa l building code as they are adopted by the city of
Dubuque in title 14, chapter 1.
Section 505 Premises Identification. Amended to read:
505.1 Address Identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property. Ad-
dress identification characters shall contrast with their background. Address num-
bers shall be arabic numbers or alphabetical letters. Numbers shall not be spelled
out. Each character shall be not less than 4 inches (102 mm) high with a minimum
stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address
identification shall be provided in additional approved locations to facilitate emer-
gency response. Where access is by means of a private road and the building can-
not be viewed from the public way, a monument, pole or other sign or means shall
be used to identify the structure. Address identification shall be maintained.
505.1.1 Interior room numbers. New and existing buildings shall have an ap-
proved room and suite numbers identification placed in positions that are plainly
legible and visible. Numbers shall contrast with their background.
Section 506.1 Where Required. Amended to read:
506.1 Where Required. An approved key box shall be required on all commercial
and residential structures that contain off-site monitored fire alarm and/or sprinkler
systems or where access to or within a structure or an area is restricted because of
47
secured openings. Where immediate access is necessary for life-saving or fire-
fighting purposes, the fire code official is authorized to require a key box to be in-
stalled in an approved location. The key box shall be of an approved ty pe listed in
accordance with UL 1037, and shall contain keys to gain necessary access as re-
quired by the fire code official.
Section 607.2 Where Required. Amended to read:
607.2 Where Required. A type I hood shall be installed at or above all commercial
cooking appliances and domestic cooking appliances used f or commercial purposes
that produce grease vapors, including but not limited to cooking equipment used in
fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions,
or any form of roofed enclosure, as required by the fire code official.
Exceptions:
1. Factory-built commercial exhaust hoods that are listed and labeled in ac-
cordance with UL 710, and installed in accordance with Section 304.1 of the In-
ternational Mechanical Code, shall not be required to comply with Sections
507.1.5, 507.2.3.
2. Factory-built commercial cooking recirculating systems that are listed and
labeled in accordance with UL 710B, and installed in accordance with Section
304.1 of the International Mechanical Code, shall not be required to comply with
Sections 507.
3. Where cooking appliances are equipped with integral down -draft exhaust
systems and such appliances and exhaust systems are listed and labeled for the
application in accordance with NFPA 96, a hood shall not be required at or above
them.
4. A type I hood shall not be required for an electric cooking appliance where
an approved testing agency provides documentation that the appliance effluent
contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500
cfm (0.236 m3/s) in accordance with UL 710B.
Section 607.7 Elevator key location. Amended to read:
607.7 Elevator Key Box Installation Where Required. An approved key box shall
be required on all new and existing commercial and residential structures that con-
tain an elevator. Keys for the elevator car doors and firefighter service keys shall be
kept in an approved elevator key box in a location for immediate use by the fire
department. The key box shall be compatible with an existing rapid entry key box
system in use in the jurisdiction and approved by the fire code official. The key box
shall be mounted at each elevator bank at the lobby nearest to the lowest level of
fire department access. The key box shall be mounted 5 feet 6 inche s (1676 mm)
above the finished floor to the right side of the elevator bank. Contents of the key
box are limited to fire service elevator keys, elevator access tools and information
pertinent to emergency planning. In buildings with two or more elevator ba nks, a
single key box shall be permitted to be used w here such elevator banks are sepa-
rated by not more than 30 feet (9144 mm). Additional key boxes shall be provided
for each individual elevator or elevators.
Section 903.3.1.1.1 Exempt Locations. Amended to read:
903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the
following rooms or areas where such rooms or areas are protected with an approved
48
automatic fire detection system in accordance with section 907.2 that will respond
to visible or invisible particles of combustion. Sprinklers shall not be omitted from a
room merely because it is damp, of fire-resistance-rated construction or contains
electrical equipment.
1. A room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of
the nature of the contents, where approved by the fire code official.
3. Generator and transformer rooms separated from the remainder of the bu ild-
ing by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
4. Rooms or areas that are of noncombustible construction with wholly non-
combustible contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Automatic sprinklers shall not be installed in elevator machine rooms, ele-
vator machine spaces, and elevator hoistways other than pits where such sprin-
klers would not necessitate shunt trip requirements under any circumstances.
Storage shall not be allowed within the elevator machine room. Signage shall be
provided at the entry doors to the elevator machine room indicating "Elevator
Machinery-No Storage Allowed".
7. Machine rooms, machinery spaces, control rooms and control spaces as-
sociated with occupant evacuation elevators designed in accordance with Sec-
tion 3008 of the International Building Code. Automatic sprinklers shall not be
installed in elevator hoistways other than pits where such sprinklers would not
necessitate shunt trip requirements under any circumstances.
Section 1028.5 Access To A Public Way. Amended to read:
1028.5 Access To A Public Way. The exit discharge pathway shall be hard sur-
faced and provide a direct and unobstructed access to a public way.
Exception: Where access to a public way cannot be provided, a safe dispersal
area shall be provided where all of the following are met:
1. The area shall be of a size to accommodate not less than 5 square feet
(0.46 m2) for each person.
2. The area shall be located on the same lot not less than 50 feet (15,240 mm)
away from the building requiring egress.
3. The area shall be permanently maintained and identified as a safe dispersal
area.
4. The area shall be provided with a safe and unobstructed path of travel from
the building.
Appendix A – Do not adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Adopt
Appendix E – Do not adopt
Appendix F – Do not adopt
Appendix G – Do not adopt
Appendix H – Do not adopt
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Appendix I – Do not adopt
Appendix J – Do not adopt
Appendix K – Do not adopt
Appendix L – Do not adopt
Appendix M – Do not adopt
Section 3. This ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of September 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
8. Fiscal Year 2020 Commercial Building Permit Fee Schedule Amendment: City Man-
ager recommended approval to amend the Fiscal Year 2020 Commercial Fee Schedule
for the Building Services Department, that adjusts the base fee for projects exceeding
$500,000 from $2,666 to $2,771. Motion by Resnick to receive and file the documents
and approve the recommendation. Seconded by Del Toro. Responded in to questions
from the City Council, Building Services Manager Dave Johnson explained the reasoning
behind the recalculation of the fee, what resources/staff time are involved with review of
projects, and what the department is doing to expedite the process. City Manager Van
Milligen stated that the Building Services Department is 87% self-supporting. City Attor-
ney Brumwell added that state law prohibits charging fees above actual costs. Motion
carried 6-0.
9. Travel Dubuque Fiscal Year 2019 Annual Report: City Manager provided a copy of
the Fiscal Year 2019 Annual Report from Travel Dubuque. Motion by Resnick to receive
and file the documents. Seconded by Jones. Motion carried 6 -0.
10. Third Ward Council Member Vacancy: City Attorney submitted information related
to filling the Council Member vacancy for the Third Ward. Motion by Jones to receive and
file the documents and adopt Resolution No. 328-19 Intent to fill a vacancy in the Office
of Third Ward City Council Member by appointment until a new Third Ward Council Mem-
ber is elected and takes the Oath of Office following the November 2019 special election .
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 328-19
INTENT TO FILL A VACANCY IN THE OFFICE OF THIRD WARD CITY COUNCIL
MEMBER BY APPOINTMENT UNTIL A NEW THIRD WARD CITY COUNCIL IS
ELECTED AND TAKES THE OATH OF OFFICE FOLLOWING THE NOVEMBER 2019
SPECIAL ELECTION
Whereas, there is a vacancy in the Office of City Council Member for the Third Ward;
and
Whereas, Iowa Code §372.13(2)(a) allows the vacancy to be filled by appointment by
the remaining members of the council for a period until the next pending election which
is November 5, 2019; and
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Whereas, the council must publish notice in the manner prescribed by Iowa code
§362.3, stating that the council intends to fill the vacancy by appointment but that the
electors of the ward have the right to file a petition requiring that the vacancy be fi lled by
a special election; and
Whereas, the council has elected to fill the vacancy in the Office of City Council Mem-
ber for the Third Ward by appointment until the next pending election which is November
5, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1 The council hereby elects to fill the vacancy in the Office of City Council
Member for the Third Ward by appointment until the next pending election on November
5, 2019, following the publication of the required n otice.
Section 2 The City Clerk is directed to publish the attached notice in the manner pre-
scribed by Iowa Code §362.3.
Passed, approved, and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Southwest Arterial Construction Update Video: Cable TV Division presented a
video of the recent progress of the Southwest Arterial Project (August 2019). Motion by
Jones to receive and file the documents and view the video. Seconded by Resnick. Fol-
lowing the video, Assistant City Engineer Bob Schiesl responded to questions regarding
IDOT’s choice to use hot-mix asphalt in some areas while using concrete paving in other
areas. Motion carried 6-0.
12. Bee Branch Railroad Culverts Kick-Off Video: The Cable TV Division presented
the video from the August 8, 2019 Bee Branch Railroad Culverts Pro ject Kick-Off. Motion
by Shaw to receive and file the documents and view the video. Seconded by Resnick.
Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on behalf of a resident of Camelot Court regarding
the poor condition of the street and when it might be scheduled for repair.
Council Member Jones reported on the Labor Day Parade sponsored by the United
Labor Participation Committee and the presence of the Dubuque Federation of Labor.
Council Member Del Toro reported on the opening of the new skate park and congrat-
ulated everyone involved for making the project come to fruition. Mr. Del Toro began
voicing his support of appointing former Council Member Kate Larson as interim Third
Ward representative. Mayor Buol stated that the topic was not appropriate for Council
Member Reports and called for adjournment.
There being no further business, Council Member Resnick moved to adjourn at 7:58
p.m. Seconded by Jones. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC, City Clerk