Minutes_City Council Proceedings 7 19 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation
PROCLAMATIONS
Dubuque County Fair Week was accepted by Jamie Blum, Dubuque County Fair Manager;
Americans with Disabilities 20th Anniversary was accepted by Katrina Wilberding, Proudly
Accessible Dubuque; and RAGBRAI Day was accepted by Keith Rahe, Dubuque Convention
and Visitors Bureau.
PRESENTATION
Federal Transit Administration Region 7 Award for Achievement was presented by
Economic Development Director David Heiar and Transit Manager Barbara Morck.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 7/6; Civil Service Commission of 6/24;
Community Development Advisory Commission of 6/16; Historic Preservation Commission of
6/17; Human Rights Commission of 6/7; Long Range Planning Advisory Commission of 6/16;
Park and Recreation Commission of 6/8; Zoning Advisory Commission of 7/7; Zoning Board of
Adjustment of 6/24
Proof of publication of City Council Proceedings of June 21 and 22, 2010 and List of Claims
and Summary of Revenues for Month Ended May 31, 2010
Library Board of Trustees Update from the Meeting of June 24, 2010
Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Troy Rabbett for property damage; Madonna Delaney for vehicle
damage; Stephanie Schadl for personal injury/property damage. Upon motion the documents
were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Madonna Delaney for
vehicle damage; Troy Rabbett for property damage. Upon motion the documents were
received, filed and concurred.
Fiscal Year 2011 Community Development Block Grant (CDBG) Agreement: City Manager
recommending approval of the Fiscal Year 2011 Community Development Block Grant
Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount
of $1,344,084. Upon motion the documents were received and filed and Resolution No. 253-10
Authorizing execution of a Community Development Block Grant Agreement with the U.S.
Department of Housing and Urban Development was adopted.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Police Officer. Upon motion the documents were received and filed and made a
matter of record.
Radio Dubuque: Communication from Thomas W. Parsley, General Manager – Radio
Dubuque, Inc., requesting permission to conduct a fireworks display on Sunday, July 3, 2011.
Upon motion the document was received, filed and approved.
Fiscal Year 2011 Workers’ Compensation Excess Insurance: City Manager recommending
approval of the renewal proposal from Safety National for the City’s workers’ compensation
excess insurance. Upon motion the documents were received, filed and approved.
Environmental Stewardship Advisory Commission: Communication from Wayne
Klostermann, Chair – Environmental Stewardship Advisory Commission, issuing an invitation
to the public to attend the Commission’s meetings to propose new and innovative ways in
which the City can move further along the continuum of sustainability. Upon motion the
document was received and filed.
Beverly to Carlton Street – Sanitary Sewer Spot Repair Project: City Manager
recommending acceptance of the Beverly to Carlton Street – Sanitary Sewer Spot Repair
Project as completed by McDermott Excavating Co. in the final contract amount of $7,643.58.
Upon motion the documents were received and filed and Resolution No. 254-10 Accepting the
Beverly to Carlton Street – Sanitary Sewer Spot Repair Project and authorizing payment of the
contract amount to the contractor was adopted.
Detention Basin Maintenance Assessments: City Manager recommending approval of the
final assessments for the Fiscal Year 2010 Detention Basin Maintenance Program. Upon
motion the documents were received and filed and Resolution No. 255-10 Adopting the final
assessment schedule for the Fiscal Year 2010 Detention Basin Maintenance Program was
adopted.
Heeb Street Retaining Wall Project: City Manager recommending acceptance of the Heeb
Street Retaining Wall Project as completed by Drew Cook & Sons Excavating, Inc. in the final
contract amount of $75,586.40. Upon motion the documents were received and filed and
Resolution No. 256-10 Accepting the Heeb Street Retaining Wall Project and authorizing
payment of the contract amount to the contractor was adopted.
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Certificate of Completion – Progressive Packaging, LLC: City Manager recommending
approval of the issuance of a Certificate of Completion to Progressive Packaging, LLC in the
Dubuque Industrial Center West acknowledging completion of their obligations to construct
Minimum Improvements as stipulated in the Development Agreement. Upon motion the
documents were received, filed and approved.
Provisionally Accredited Levee (PAL) Progress Report: City Manager transmitting the July
2010 Provisionally Accredited Levee (PAL) Progress Report to FEMA for certification of the
Dubuque levee and floodwall system along the Mississippi River. Upon motion the documents
were received, filed and approved.
Final Plat – Emerald Acres No. 6: Zoning Advisory Commission recommending approval of
the final plat of Emerald Acres No. 6 as requested by Buesing & Associates. Upon motion the
documents were received and filed and Resolution No. 257-10 Approving the final plat of
Emerald Acres No. 6 in the City of Dubuque, Iowa was adopted.
Acceptance of Sheriff’s Deed – 2015 Washington Street: City Manager recommending
approval of the acceptance of the Sheriff’s Deed for a two-story dwelling located at 2015
Washington Street. Upon motion the documents were received and filed and Resolution No.
258-10 Approving the acceptance of a Sheriff’s Deed for the northerly 46 feet of Lot 20 in
Steiner’s Addition or Subdivision in the City of Dubuque, Iowa, according to the recorded plat
thereof, located at 2015 Washington Street was adopted.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 259-10 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $17,000 for the Dubuque Art Center for six new Apple editing systems. Upon motion
the documents were received, filed and approved.
Memorandum of Understanding – Iowa Power and Light: City Manager recommending
approval of a proposed amendment to the Memorandum of Understanding with Iowa Power
and Light for the conduct of the Smarter Electricity portion of the Smarter Sustainable Dubuque
research partnership with IBM. Upon motion the documents were received, filed and approved.
Dubuque Yacht Basin: City Manager recommending approval of Leasehold Mortgage and
Security Agreement and Assignments for the Dubuque Yacht Basin, Inc. Upon motion the
documents were received, filed and approved.
Legislative Correspondence: Communication to Senators Tom Harkin and Charles Grassley
urging opposition to Amendment 2 to H.R. 4899, the Public Safety Employer-Employee
Cooperation Act. Upon motion the documents were received and filed,
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Contract Cleaning Service for Mini-Bus Cleaning: City Manager recommending approval to
contract with Dubuque Janitorial to provide weekly cleaning of ten mini-buses at an annual
cost of $6,540. Upon motion the documents were received, filed and approved.
2010 Governor’s Volunteer Award: City Manager advising that Michelle Balek, the
AmeriCorps VISTA who has been working for the City of Dubuque since October 2009, on
sustainability, community outreach, volunteer coordination and organization capacity building,
will receive the 2010 Governor’s Volunteer Award on July 22, 2010. Upon motion the
documents were received and filed.
Signed Contracts: Bunker Hill Golf Course Irrigation Consultant Contract. Upon motion the
document was received and filed.
Liquor License Transfers: Request of the Dubuque County Historical Society to transfer the
liquor license of the National Mississippi River Museum and Aquarium to 501 Bell Street for the
Taste of Dubuque on August 7, 2010. Upon motion the document was received, filed and
approved.
Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant
Amphitheater for the Rock and Soul event on July 31, 2010. Upon motion the document was
received, filed and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 260-10 Granting the issuance of a Class “C” Beer Permit to Road Ranger #1159 and Kwik
Stop Food Mart; and Resolution No. 261-10 Granting the issuance of a Class “C” Beer/Liquor
License to Shannon’s Bar and Grill, House of China, Walnut Tap and Knicker’s Saloon; a
Class “B” Wine Permit to Road Ranger #1159; and a Class “WBN” (Native Wine) Permit to
Kwik Stop Food Mart and Accessorize Me were adopted.
Iowa Jobs (I-JOBS II) Application – Lower Bee Branch Creek Restoration Project: City
Manager requesting approval to submit an application for I-JOBS II Disaster Prevention Grant
Program funding for the Lower Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 262-10 Authorizing the submittal of an
application to the State of Iowa I-JOBS II Disaster Prevention Grant program for funding for the
Lower Bee Branch Creek Restoration Project was adopted.
Iowa Jobs (I-JOBS II) Application – Water Pollution Control Plant Modifications: City
Manager requesting approval to submit an application for I-JOBS II Disaster Prevention Grant
Program funding for the excess flow management portion of the Water Pollution Control Plant
Modifications. Upon motion the documents were received and filed and Resolution No. 263-10
Authorizing the submittal of an application to the State of Iowa I-JOBS II Disaster Prevention
Grant program for funding for the excess flow management portion of the Water Pollution
Control Plant Modification Project was adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
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Seconded by Braig. Motion carried 6-0.
Dubuque County Historical Society Lease for Mississippi Plaza Property: City Manager
recommending that a public hearing be set for August 2, 2010 to consider the Fourth
Amendment to the Lease Agreement with the Dubuque County Historical Society for the
National Mississippi River Museum and Aquarium and the new National River Center. Upon
motion the documents were received and filed and Resolution No. 264-10 Intent to dispose of
real property by the Fourth Amendment to the Lease Agreement between the City of Dubuque
and the Dubuque County Historical Society was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building.
Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for August 2, 2010 to consider the issuance of not to exceed $65,000,000 Sewer Revenue
Capital Loan Notes. Upon motion the documents were received and filed and Resolution No.
265-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes of
Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal
Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Housing Commission: Three 3-year terms through August 17,
2013 (Terms of Eddy, Root and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln
Avenue; Judy Root, 1008 Walnut Street; Dorothy Schwendinger, OSF, 3525 Windsor Avenue.
Ms. Fischer spoke in support of her appointment.
Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Croissant).
One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905
Wilderness Drive and Lu Ann Schmidt, 3395 Jackson Street. Ms. Schmidt spoke in support of
her appointment.
Appointments to the following Board: Building Code Board of Appeals: Two 3-year terms
through August 1, 2013 (Terms of Schwendinger and Kolf) Journeyman/Carpenter and
Architect/Engineer requirements. Lynch moved to appoint James Kolf and John Schwendinger
to the Building Code Board of Appeals for three-year terms through August 1, 2013. Seconded
by Connors. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Key City Investment Company – Request to Rezone: Proof of publication on notice of public
hearing to consider a request from Key City Investment Company to rezone property located at
75 Kennedy Road from PUD Planned Unit Development with a PC Planned Commercial
Designation to C-3 General Commercial District and Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
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meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 38-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 75 John F. Kennedy Road from PUD
Planned Unit Development District with a PC Planned Commercial Designation to C-3 General
Commercial District. Seconded by Jones. Joseph P. Kane, Kane, Norby & Reddick,
representing Key City Investment Company, spoke in support of the request. Planning
Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Sunset Ridge Reconstruction Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the Sunset Ridge
Reconstruction Project and City Manager recommending approval.
City Manager advising that regardless of the outcome of the public hearing on the Sunset
Ridge Reconstruction Project, there will be letters going out to property owners to remove
obstructions from the public right-of-way.
Motion by Connors to receive and file the documents and adopt the resolutions. Seconded
by Jones. Doug Henry, Fuerste Carew Law Firm, 200 Security Building, and representing 15
property owners, spoke stating that the addition of sidewalks is not a requirement of the
Americans with Disabilities Act and therefore should not be included in this public facility
improvement or alteration. Mr. Henry added that there is no discrimination if no sidewalk
exists. Jeff Eddy, 575 Sunset Ridge, reiterated that all area property owners submitted a
petition at the March 15 meeting against the addition of sidewalks. Mr. Eddy relayed what
information was provided by the City Attorney’s Office and Engineering Department and asked
that the area not be treated differently than any other area within the City. Responding to
questions from Council addressing the City’s sidewalk policy, Planning Services Manager
Laura Carstens stated that sidewalk requirements are addressed through City’s Unified
Development Code, site development review process, and by subdivision regulations and
coordinated through the Engineering Department. City Engineer Gus Psihoyos stated that
reconstruction projects within the past 10 years have included the addition of sidewalks and
only those properties that will abut the proposed sidewalk are assessed. Assistant City
Attorney Crenna Brumwell addressed interpretation of the ADA stating that sidewalks are
considered a facility and since January 1992 alteration of a facility and new construction must
provide access. City Attorney Lindahl cited the City’s Unified Development Code 11.16 which
states there is a requirement for the construction of sidewalks in accordance with ADA
standards.
Motion by Braig to amend the motion deleting the sidewalk component from the resolution
approving plans, specifications, form of contract, and estimated cost. Seconded by Lynch. City
Engineer Gus Psihoyos stated that the amendment would cause re-design of the entire
project. Motion failed 2-4 with Resnick, Buol, Connors, and Jones voting nay.
Original motion by Connors to receive and file the documents and adopt the proposed
resolution approving plans, specifications, form of contract, and estimated cost; and the
Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge
Reconstruction Project. Seconded by Jones. Motion failed 4-2 with Lynch and Braig voting
nay.
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Central Avenue Water Main (21 to 32 Street) Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
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the Central Avenue Water Main (21 to 32 Street) Project and City Manager recommending
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approval. Motion by Connors to receive and file the documents and adopt Resolution No. 266-
10 Approving plans, specifications, form of contract, and estimated cost for the Central Avenue
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Water Main (21 to 32 Streets) Project; Resolution No. 267-10 Resolution with respect to the
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adoption of the Resolution of Necessity for the Central Avenue Water Main (21 to 32 Street)
Project; and Resolution No. 268-10 Approving schedule of assessments and estimate of total
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cost for the Central Avenue Water Main (21 to 32 Street) Project. Seconded by Braig.
Randall Hess, 595 Park Avenue, Belvidere, IA, and owner of 2691 Central Avenue, spoke in
opposition to the project. Amanda Haas, 2257 Central Avenue, spoke in opposition to the
improvement citing low area incomes and Central Avenue being a highway. Mel Pothoff,
17591 Vista Drive, property owner of 2835 and 2841 Central Avenue, expressed concerns
over the share of assessment costs and the effect on home valuations. Joe Puetz, 203 W.
Roosevelt, property owner 2316 Central, spoke in opposition to the project until a detail of
costs could be provided. Richard Schmitt, 2249½ Central, asked for a clarification of the
project and spoke in opposition to it. Michael Brennan, 3135 Central, asked for information
concerning lead pipe. Kathryn Luher, 525 Rhomberg Avenue, and owner of 2643 Central
Avenue, asked for a breakdown of costs and concurred with other speakers. Mike Stowers,
2413 Central Avenue, asked how much the City is paying towards the project and if assistance
is available for fixed-income property owners. Responding to questions from City Council, City
Engineer Gus Psihoyos provided construction detail and related costs stating that the
difference in assessments is due to the east-side placement of the water main adding that
property owners are responsible for their lines from the water main to the stop box and
assessments could be lower. Psihoyos also explained payment options and that financial
assistance is available for homeowners only. Water Plant Manager Bob Green stated that lead
piping repair is not allowed, and has to be replaced according to current standards. Green said
that service lines will be evaluated for condition during the project and the assessment
adjusted and supplied more information regarding financial assistance. He added that
trenchless technology is still under review. Motion carried 6-0.
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District: Proof of publication on notice of public hearing to consider an amendment to the
Urban Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street
Subarea and City Manager recommending approval. Long Rang Planning Advisory
Commission recommending approval of the amended and restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District. Motion by Jones to receive and file the
documents and adopt Resolution No. 269-10 Approving the amended and restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors.
Motion carried 6-0.
Fiscal Year 2011 Budget Amendment: Proof of publication on notice of public hearing to
consider the first amendment to the Fiscal Year 2011 budget and City Manager recommending
approval. Motion by Braig to receive and file the documents and adopt Resolution No. 270-10
Approving Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque.
Seconded by Jones. Motion carried 6-0.
Water Revenue Bonds: Proof of publication on notice of public hearing to consider the
issuance of not to exceed $5,700,000 Water Revenue Bonds for water main replacements and
other water system improvements and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 271-10 Instituting
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proceedings to take additional action for the issuance of not to exceed $5,700,000 Water
Revenue Bonds. Seconded by Braig. Motion carried 6-0.
General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing
to consider the issuance of not to exceed $3,000,000 in General Obligation Urban Renewal
Bonds for downtown improvements and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 272-10 Instituting
proceedings to take additional action for the issuance of not to exceed $3,000,000 General
Obligation Urban Renewal Bonds. Seconded by Lynch. Motion carried 6-0.
General Obligation Bonds and Refunding General Obligation Bonds: Proof of publication on
notice of public hearing to consider the issuance of not to exceed $4,575,000 General
Obligation Bonds for various City projects and refunding Series 2002B General Obligation
Bonds and City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 273-10 Instituting proceedings to take additional action
for the issuance of not to exceed $4,575,000 General Obligation Bonds. Seconded by Jones.
Motion carried 6-0.
Catfish Creek Generator Installation Project: Proof of publication on notice of public hearing
to consider the plans and specifications, form of contract and estimated cost for the Catfish
Creek Generator Installation Project and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 274-10 Approving plans,
specifications, form of contract, and estimated cost for the Catfish Creek Generator Installation
Project. Seconded by Resnick. Motion carried 6-0.
US 52 Traffic Flow Enhancement Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the US 52 Traffic
Flow Enhancement Project and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 275-10 Approving plans,
specifications, form of contract, and estimated cost for the US 52 Traffic Flow Enhancement
Project. Seconded by Braig. Motion carried 6-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Safe Community Task Force: City Manager submitting the second set of recommendations
from the Safe Community Task Force. Motion by Connors to receive and file the documents
and refer the recommendations to staff. Seconded by Braig. Urban Strategies facilitators
Susan Glassman and Carlotta Paige provided a slide presentation on Urban Strategies and
their recent work with the Safe Community Task Force. Subcommittee updates were provided
by Doug Stillings (Research and Facts), Joe Knoll (Enforcement), Mary Rae Braig
(Management of Physical Enforcement), Lynn Sutton (Neighborhood Engagement), and
Michael Van Milligen (Section 8 Housing Choice Voucher Program). Responding to questions
from City Council, Police Chief Mark Dalsing stated that enforcing a juvenile curfew would
have to involve a social agency resource. Connors clarified the recommendation for a Safe
Community Commission. Housing and Community Development Director David Harris clarified
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how much rent the City can pay toward the Section 8 program per HUD requirements. Council
expressed their gratitude for the work of all the Task Force volunteers and facilitators. Buol
suggested scheduling a work session and that the Task Force’s recommendation be given to
staff for further consideration with a quick response back to Council. Motion carried 6-0.
Dubuque Arboretum and Botanical Gardens: Communication from Jack Frick and Norma
Denlinger, Dubuque Arboretum and Botanical Gardens, regarding their “Securing the Future”
fund raising campaign and naming opportunities and rights for roads in the Arboretum. Motion
by Connors to receive and file and support the campaign. Seconded by Jones. Campaign
Committee Chair Norma Denlinger and Campaign Treasurer Mel Graves spoke in support of
the campaign. Motion carried 6-0.
Dubuque Greenhouse Gas Inventory: City Manager submitting the Greenhouse Gas
Inventory and requesting that a work session be scheduled to explore the establishment of a
municipal Climate Action Plan. Motion by Jones to receive and file documents and schedule a
work session. Seconded by Connors. Sustainable Community Coordinator Cori Burbach
provided a slide presentation. Ms Burbach and Green Dubuque Representative Raki
Gianakouros responded to questions from City Council regarding calculation of statistics and
margin of error. Motion carried 6-0.
Highway 151/61 Development Agreement – Amendment: City Manager recommending
approval of Amendment #4 to the Highway 151/61 Development Agreement and acquisition of
Bee Branch right-of-way. Motion by Connors to receive and file the documents and adopt
Resolution No. 276-10 Authorizing Amendment #4 to a Development Agreement with Highway
151/61 Development, Inc. and acquisition of Bee Branch right-of-way. Seconded by Braig.
Motion carried 6-0.
Downtown Housing Incentive Awards: City Manager recommending approval of three
projects to receive certain incentives to create new housing units within the Greater Downtown
Urban Renewal District. Motion by Jones to receive and file the documents and adopt
Resolution No. 277-10 Approving certain awards from the Downtown Housing Incentive Pool
to create new market-rate housing units within the Greater Downtown Urban Renewal District.
Seconded by Connors. Motion carried 6-0.
Sale of General Obligation Bonds and General Obligation Urban Renewal Bonds: City
Manager recommending approval of the advertisement for sale of General Obligation Bonds,
Series 2010A, Taxable General Obligation Urban Renewal Bonds, Series 2010B and General
Obligation Urban Renewal Bonds, Series 2010C. Motion by Connors to receive and file the
documents and adopt Resolution No. 278-10 Directing the advertisement for sale of
$4,470,000 General Obligation Bonds, Series 2010A, $2,675,000 Taxable General Obligation
Urban Renewal Bonds Series 2010B and, $2,825,000 General Obligation Urban Renewal
Bonds, Series 2010C. Seconded by Jones. Motion carried 6-0.
Rebranding Committee for Keyline Transit: City Manager requesting that at least one City
Council member volunteer to participate on the Rebranding Committee for Keyline and attend
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a public meeting on July 29 at 2:30 p.m. at the Prescott Neighborhood Resource Center.
Motion by Connors to receive and file the documents. Seconded by Jones. Connors
volunteered to be the Council representative. Motion carried 6-0.
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2009 International Fuel Gas Code: City Manager recommending adoption of the 2009
International Fuel Gas Code. Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-10 Amending City
of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes,
Article G Fuel Gas Code, Section 14-1G-1 Fuel Gas Code Adopted by repealing such section
and enacting a new section in lieu thereof and Section 406.4.1 Test Pressure and 406.4.2 Test
Duration by repealing such sections and enacting new sections in lieu thereof. Seconded by
Braig. Motion carried 6-0.
2009 International Energy Conservation Code: City Manager recommending adoption of the
2009 International Energy Conservation Code. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 40-10 Amending City
of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes,
Article C Energy Conservation Code, Section 14-1C-1 International Energy Conservation Code
Adopted by repealing such section and enacting a new section in lieu thereof and Section 14-
1C-2 International Energy Conservation Code Amendments providing for the adoption of the
International Energy Conservation Code (2009) and making amendments thereto. Seconded
by Braig. Motion carried 6-0.
2009 International Building Code: City Manager recommending adoption of the 2009
International Building Code. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 41-10 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article A Building Code and Regulations, Section 14-1A-1 International Building Code
Adopted and Section 14-1A-2 International Building Code Amendments by repealing such
sections and enacting new Sections 14-1A-1 and 14-1A-2 in lieu thereof adopting the 2009
International Building Code and providing for the issuance of permits and collection of fees
therefore. Seconded by Braig. Motion carried 6-0.
2009 International Residential Code: City Manager recommending adoption of the 2009
International Residential Code. Motion by Lynch to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 42-10 Amending City
of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article B International Residential Code, Section 14-1B-1 International Residential
Code Adopted and Section 14-1B-2 International Residential Code Amendments by repealing
such sections and enacting new Sections 14-1B-1 and 14-1B-2 adopting the 2009 International
Residential Code and providing for the issuance of permits and collection of fees therefore.
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Responding to questions from City Council, Zoning Advisory Commissioner and Homebuilders
Association representative Ron Smith, 1640 Justin Lane, stated that the referenced sprinkler
systems for residential properties is cost prohibitive and needs to be addressed by the State.
The Homebuilders Association is looking at options. Motion carried 6-0. Building Services
Manager Rich Russell reiterated the competitive disadvantage regarding the sprinkler systems
and described the makeup of the Building Code Board of Appeals. Seconded by Braig. Motion
carried 6-0.
2009 International Plumbing Code: City Manager recommending adoption of the 2009
International Plumbing Code. Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 43-10 Amending City
of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes,
Article H International Plumbing Code, Section 14-1H-1 International Plumbing Code Adopted
by repealing such section and enacting a new section in lieu thereof and Sections 14-1H-2, 14-
1H-3, 14-1H-4, 14-1H-5, and 14-1H-6 International Plumbing Code Amendments providing for
the adoption of the International Plumbing Code (2009) and making amendments thereto.
Seconded by Braig. Motion carried 6-0.
2009 International Mechanical Code: City Manager recommending adoption of the 2009
International Mechanical Code. Motion by Connors to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Braig. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 44-10 Amending
City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building
Codes, Article F International Mechanical Code, Section 14-1F-1 International Mechanical
Code Adopted by repealing such section and enacting a new section in lieu thereof and
Sections 14-1F-2 and 14-1F-3 International Mechanical Code Amendments providing for the
adoption of the International Mechanical Code (2009) and making amendments thereto.
Seconded by Braig. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Jones reported that the Dubuque County Empowerment Board now has sufficient Council
representation from the region and that he will not be submitting an application to represent the
Dubuque City Council.
Buol reported that after thinking of an idea to carry a bag for picking up litter, he noticed a
citizen doing just that.
There being no further business, upon motion the City Council adjourned at 10:50 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 7/28
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