1 17 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on January 17, 2012 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Jones; Council Members Connors, Lynch, Resnick, Sutton;
Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Mayor Buol, Council Member Braig, City Manager Van Milligen
Mayor Pro -Tem Jones read the call and stated this is a special session of the City
Council to conduct a work session the 2011 flood fighting activities of the City of Council
Bluffs.
WORK SESSION
Council Bluffs 2011 Flood Fighting Activities
Street Maintenance Supervisor John Klostermann provided information and a slide
presentation on the flood - fighting activities of the City of Council Bluffs during the flood
of 2011.
Site visit to Council Bluffs from Dubuque and Iowa City staff June 30, 2011 and re-
view of: Incident Command Center, Levee System, Pumping Stations, Seepage Blanket
Installations. Topics included:
• Flood Issues and System Comparisons
• Partnerships with city, state and federal agencies
• Pre -Flood Activities
o Flag System
o Sandbagging Operations
o HESCO Floodwall System
o Incident Command Center
o Media
o Alert Levels and Related Instructions
o Evacuation Plan
o Levee Inspection Team and Levee Issues
• high water table, sand boils, interior drainage, pumping stations,
seepage blankets
o Other Flood Related Issues
• unprotected areas
o Damage Estimates
o Lessons Learned
• unified command
• communications technology
• informing the public
• pumping plan
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• staff involvement and care
Responding to questions from City Council, Public Works Director Don Vogt stated
that the first concern with Dubuque's levee is overtopping during flood events other than
spring snow melt and that Dubuque has several contingency plans.
There being no further business, upon motion the City Council adjourned at 6:07 p.m.
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in reg9ular session at 6:30 p.m. on January 17, 2012 in
the Historic Federal Building, 350 W. 6� Street.
Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Connors,
Lynch, Resnick, Sutton; City Manager Van Milligen (via phone), Assistant City Manager
Steinhauser, City Attorney Lindahl
Absent: Council Member Braig
Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council to conduct such business that may properly come before the Council.
City Clerk Kevin Firnstahl introduced Assistant City Clerk Trish Gleason.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 6 -0.
Minutes and Reports Submitted: City Council Proceedings of 1/3/12, Environmental
Stewardship Advisory Commission of 12/6/11 and 1/6/12, Safe Community Advisory
Committee of 12/14/11, Transit Advisory Board of 12/8/11, Zoning Advisory Commis-
sion of 1/4/12, Proofs of Publication of City Council Proceeding of 12/19/11 and List of
Claims and Summary of Revenues for Month Ending 11/30/11. Upon motion the docu-
ments were received and filed.
Disposition of Claims and Suits: City Attorney advising that the following claims have
been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communi-
ties Assurance Pool: Daniel Davis for vehicle damage, Jeffrey Glen Holt for personal
injury/property damage, Diane Streif for vehicle damage. Upon motion the documents
were received, filed and concurred.
Community Development Advisory Commission: Commissioner Hillary Stubben
submitting her resignation from the Community Development Advisory Commission.
Upon motion the document was received, filed and the resignation accepted.
Change in Position Title /Duties: City Manager recommending approval to eliminate
one Maintenanceworker position and create one Assistant Horticulturist position in the
Leisure Services Department. Upon motion the documents were received, filed, and
approved.
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Final Plat - Giese Subdivision: Zoning Advisory Commission recommending approval
of the Final Plat for Giese Subdivision (2225 Kerper Blvd.) as requested by IIW, P.C. /
CRDS Development subject to waiving the lot frontage requirement for Lot 1. Upon mo-
tion the documents were received and filed and Resolution No. 13 -12 Approving the Fi-
nal Plat for Giese Subdivision in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 13 -12
APPROVING THE FINAL PLAT OF GIESE SUBDIVISION IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Giese Subdivision in
the city of Dubuque, Iowa ; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved
private street, where street frontage is required by Section 11 -14 of Title 16 of the City
of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1, where street frontage is required.
Section 2. That the Final Plat of Giese Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Gro1000 Garden and Green Space Grant Application: City Manager recommending
approval to submit a Gro1000 Garden and Green Space grant application in the amount
of $25,000 (cash and in- kind). The funds will be used to purchase a greenhouse that
would extend both ends of the growing season for the Mission garden. Upon motion the
documents were received, filed, and approved.
Pump Room Roof Replacement - Project Acceptance: City Manager is recommend-
ing acceptance of the construction contract for the Pump Roof Replacement Project, as
completed by Jim Giese Commercial Roofing, in the final contract amount of $92,193.
Upon motion the documents were received and filed and Resolution No. 14 -12 Accept-
ing the Pump Room Roof Replacement Project and authorizing the payment of the con-
tract amount to the contractor was adopted.
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RESOLUTION NO. 14 -12
ACCEPTING THE PUMP ROOM ROOF REPLACEMENT PROJECT AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Pump Room Roof Replacement
(the Project) has been completed and the City's Consultant Engineer, IIW Engineering
of Dubuque, Iowa has examined the work and filed a certificate stating that the Project
has been completed according to the terms of the Public Improvement Contract and
that the Consultant Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City's Consultant Engineer is approved and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Pump Room Roof Replacement appropriation for the contract amount of $92,193.00
less any retained percentage provided for therein as provided in Iowa Code chapter
573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Signed Contracts: A) Tournament cart rental agreement with Harris Golf Carts for
2012, B) Stand Associates Agreement Amendment 1 for Water Pollution Control Plant
Project Cogeneration Facilities. Upon motion the documents were received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of
the Cable TV Tele- Programming Commission recommendations for funding from the
Public, Educational, and Government (PEG) Capital Grant for Access Equipment and
Facilities in the amount of $11,000 for Loras College for a Carousel bulletin board
graphics system and $12,500 for the City of Dubuque to replace the audience TV bulle-
tin board computer. Upon motion the documents were received, filed, and approved.
Smarter Travel Recruitment Plan and Budget: City Manager recommending approval
of funding for a plan to recruit 1,000 volunteers for the Smarter Travel Pilot Project. Up-
on motion the documents were received, filed, and approved.
Baskets for Bee Branch and Historic Millwork District and Annual Flowers in Wash-
ington Street Dividers: City Manager recommending allocating resources so that the
baskets and planters to be used in the lower Bee Branch and Historic Millwork District
can start this spring, instead of waiting until 2013. Upon motion the documents were re-
ceived, filed, and approved.
Alcohol License Applications and Renewals: City Manager recommending approval
of annual liquor, beer, and wine licenses as submitted. Upon motion the documents
were received and filed and Resolution No. 15 -12 Approving the issuance of a Class
"C" Beer /Liquor License to Hy -Vee C -Store #1 + (Sunday Sale), The Lounge + (Sunday
Sale), Taiko Japanese Restaurant + (Sunday Sale), and Mario's Italian Restaurant; and
Resolution No. 16 -12 Approving the issuance of a Class "B" Beer Permit to Hy -Vee C-
5
Store #1 + (Sunday Sale), Pizza Hut # 4691 + (Sunday Sale), and Pizza Hut # 4690 +
(Sunday Sale) were adopted.
RESOLUTION NO. 15 -12
Whereas, applications for Beer Permits have been submitted and filed to this Council
for approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Hy -Vee, Inc. Hy -Vee C -Store #1 +(Sunday Sale) 3270 Dodge St.
NPC International, Inc. Pizza Hut # 4691 +(Sunday Sale) 320 E 20th St.
NPC International, Inc. Pizza Hut # 4690 +(Sunday Sale) 2075 JFK Rd.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 16 -12
Whereas, applications for Liquor Licenses have been submitted to this Council for
approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the State Laws and all City Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named appli-
cants a Liquor License.
Class "C" Beer /Liquor License
Hy -Vee, Inc. Hy -Vee C -Store #1 (Sunday Sale) 3270 Dodge St.
Phillip Love The Lounge + (Sunday Sale) 481 Locust St.
Taiko Restaurant Inc. Taiko Japanese Restaurant (Sunday Sale) 2155 S. Park Ct.
T & M, Inc. Mario's Italian Restaurant 1298 Main St.
Passed, approved and adopted this 17th day of January, 2012
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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. Seconded by Connors. Motion carried 6 -0.
Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: City
Manager recommending that a public hearing be set for February 6, 2012 to consider
6
granting an easement across Washington Street to accommodate private service lines
for fiber, television, power, telephone, cable, and future needs for the Caradco Landlord
LLC & Warehouse Development LLC, property which is in process of renovation at 900
Jackson Street. Upon motion the documents were received and filed and Resolution
No. 17 -12 Resolution of Intent to dispose of City interest by Grant of Easement for pri-
vate utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for
an underlying portion of Washington Street was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on February 6, 2012 in the Historic Federal Building.
RESOLUTION NO. 17 -12
INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRI-
VATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT
LLC OF DUBUQUE FOR AN UNDERLYING PORTION OF WASHINGTON STREET
Whereas, Caradco Landlord LLC & Warehouse Development LLC of Dubuque have
requested a "Grant of Easement" for private utilities for an underlying portion of Wash-
ington Street for the current supply of private fiber, television, power, telephone and ca-
ble, and future utility needs; and
Whereas, Buesing & Associates has prepared and submitted to the City Council an
exhibit showing the underlying portion of Washington Street, north of the intersection of
E. 9th Street, running between Lot 1 Caradco Place and Lot 2 -1 Center City Place #3 for
the proposed private service utilities in the City of Dubuque, Dubuque County, Iowa,
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant an easement for an underlying
portion of Washington Street in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the granting of easement in the City of Dubuque, Dubuque County,
Iowa, to the Caradco Landlord LLC & Warehouse Development LLC of Dubuque be
contingent upon the payment of $500.00, plus platting fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to dispose of City interest by grant of easement for an underlying portion
of Washington Street to be published in the manner as prescribed by law.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Annual Action Plan - Fiscal Year 2013: City Manager recommending the FY 2013
Annual Action Plan be included in the City budget and a public hearing be scheduled
with the Housing and Community Development Department budget work session on
February 29. Upon motion the documents were received and filed and Resolution No.
18 -12 Setting a public hearing on the Fiscal Year 2013 (Program Year 2012) Communi-
ty Development Block Grant (CDBG) Annual Action Plan was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on February 29, 2012 in the Historic
Federal Building.
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RESOLUTION NO. 18 -12
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2013 (PROGRAM YEAR
2012) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN
Whereas, the City of Dubuque Community Development Advisory Commission has,
through a series of public meetings and hearings, approved a Fiscal Year 2013 (Pro-
gram Year 2012) Community Development Block Grant Annual Action Plan addressing
both housing and non - housing needs in the community;
Whereas, the City was notified by HUD that the FY 2013 CDBG entitlement is pro-
posed to be reduced to $931,240, therefore requiring additional review by the Commu-
nity Development Advisory Commission, and
Whereas, due to the timing for the City budget process and the need for Commission
review of a revised Plan, a public hearing is required on both the FY 2013 Annual Plan
adopted by the Commission and a revised Plan reflecting the reduced CDBG funding
allocation;
Whereas, copies of the draft Fiscal Year 2013 (Program Year 2012) CDBG Annual
Action Plans will be available for public comment for 30 days prior to City Council ac-
tion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on February 29,
2012 for the purpose of holding a public hearing and taking action on the Fiscal Year
2013 (Program Year 2012) Community Development Block Grant Annual Action Plan.
Section 2. That the City Clerk be and he is hereby authorized and directed to take ac-
tion on the Fiscal Year 2013 (Program Year 2012) Community Development Block
Grant Annual Plan.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Community Development Advisory Commission: One 3 -year term through February
15, 2015 (expiring at -large term of Wainwright). Applicant: Thomas Wainwright, 1788
Lori Street (At- Large). Mr. Wainwright spoke in support of his appointment.
Appointments to the following Boards and Commissions:
Sister City Relationships Advisory Commission: 3 three -year terms through February
1, 2015 (expiring terms of Jochum, Mclntee, and McNamara). Applicants: Jeffrey Jo-
chum, 3750 Aerostar Drive; Phyllis Lee, 720 South Grandview Avenue (additional appli-
cant); Patrick McNamara, 1041 Shady Oaks Drive. Motion by Lynch to appoint Jeffrey
Jochum, Phyllis Lee and Patrick McNamara to the Sister City Relationships Advisory
Commission for 3 -year terms through February 1, 2015. Seconded by Resnick. Motion
carried 6 -0.
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PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from Decem-
ber 19, 2011): Proof of publication on notice of public hearing to consider a request by
O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to
amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out ac-
cess to the Northwest Arterial and to amend the list of permitted uses, height and sign
regulations and the Zoning Advisory Commission recommending approval.
City Manager recommending additional amendments to the Asbury Plaza Planned
Unit Development.
Correspondence from O'Connor & Thomas on behalf of the developer requesting the
item be tabled to March 5, 2012.
Motion by Connors remove from the table Seconded by Resnick. Motion carried 6 -0.
Motion by Connors to table until March 5, 2012. Seconded by Resnick. Motion carried
6 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 3150 Asbury Road: Proof of publication on notice of public
hearing to consider a request from Julie Cheung and Alex Fursoy to rezone property
from R -1 Single - Family Residential District to OC Office Commercial District and the
Zoning Advisory Commission recommending denial.
Citizen correspondence from John Donahue in opposition to the proposed rezoning.
Motion by Connors to concur with the denial. Seconded by Resnick. Property owner
and developer Julie Cheung, 3150 Asbury Road, provided background information and
spoke in favor of the proposed rezoning. Planning Services Manager Laura Carstens
provided a staff report. Adjacent and area property owners Bill Kehler, 2205 Evergreen
Street; Dennis McDonough, 2270 Evergreen Street, Colleen Williams, 3151 Asbury
Road; Bob and Donna Shaw, 2210 Evergreen Street, Kathy Cruse, 2215 Evergreen
Street and Peter Sweeney, 2240 Graham Circle, spoke in opposition to the proposed
rezoning citing additional commercial traffic, safety, increased noise, garbage, and de-
creased property values as issues. Council discussion determined that is was a matter
of spot zoning. Motion to deny carried 6 -0.
Text Amendment - Complete Streets Policy: Proof of publication on notice of public
hearing to consider a request by the City of Dubuque to consider a Text Amendment to
Section 16- 11 -15(k) Streets of the Unified Development Code to incorporate a Com-
plete Streets Policy. 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. Se-
conded by Lynch. Planning Services Manager Laura Carstens provided staff report. Mo-
tion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 1 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Amending Article 11 Land Subdivision to add Complete Streets Policy Lan-
guage. Seconded by Resnick. Motion carried 6 -0.
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ORDINANCE NO. 1 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 11 LAND SUBDIVISION TO
ADD COMPLETE STREETS POLICY LANGUAGE
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 Devel-
opment Code, Article 11 -15(K) is hereby amended as follows:
K. Complete Streets Policy
General: The City's Comprehensive Plan supports the development of a comprehen-
sive bike /hike trail system to provide multi -modal transportation for the City. Streets that
are designed for only cars limit transportation choices by making walking, bicycling and
taking public transportation inconvenient, unattractive and potentially dangerous. The
City currently implements curb ramp, sidewalk, signage and trail projects that support
the implementation of Complete Street design. The City's Complete Streets Policy will
take into account the potential for additional cost associated with the construction of
Complete Streets and recognizes that not every new public street will be suitable for
implementing all aspects of Complete Street design. Planning staff will review applica-
tion of Complete Street design as part of the major subdivision review process.
Complete Street Design Goals:
Design and construct new streets in anticipation of increased demand for bicycling,
walking and transit facilities.
Design and construct new streets that allow for future improvements to accommodate
Complete Street design attributes, such as provision of extra right -of -way to accommo-
date an off - street bike trail in the future.
New public streets that implement all or some components of Complete Street design
shall utilizes standards found in the following design guidelines:
AASHTO (American Association of State Highway and Transportation Officials)
SUDAS (Statewide Urban Design and Specifications Program)
Federal Highway Administration
ITE (Institute of Transportation Engineers)
Complete Street Applications:
Most collector and arterial streets are constructed /reconstructed by the City of Dubu-
que and hence application of Complete Street design criteria will be handled through
the City's internal design and approval process.
Local residential streets in most new residential subdivisions will incorporate some
Complete Street design criteria, such as sidewalks on both sides of the street, curb
ramps at intersection corners, etc.
Collector streets within new subdivision, in addition to above, may restrict driveway
access to side streets to facilitate on- street bike trails, could include wide sidewalks and
parkways to facilitate walking.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 17th day of January, 2012.
/s /Ric W. Jones, Mayor Pro Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
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Published officially in the Telegraph Herald Newspaper on the 20th day of January
2012.
/s /Kevin S. Firnstahl, City Clerk
Historic Millwork District- Planned Unit Development: Proof of publication on notice of
public hearing to consider a request by the City of Dubuque to amend the Historic Mill-
work District Planned Unit Development (PUD) Conceptual Development Plan to allow
for an Intermodal Center and an 80 -space surface parking lot and the Zoning Advisory
Commission recommending approval. Motion by Connors 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 Resnick. Planning Services Manager Laura Carstens provid-
ed a staff report. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 2 -12
Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordi-
nances by rescinding Ordinance 20 -10 which established regulations for a PUD
Planned Unit Development District with a Planned Commercial Designation for the His-
toric Millwork District PUD and now being amended to allow for the Intermodal Center
and an 80 -space surface parking lot. Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2 -12
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 20 -10 WHICH
ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DIS-
TRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC
MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO ALLOW FOR THE IN-
TERMODAL CENTER AND AN 80 -SPACE SURFACE PARKING LOT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 20 -10 which established
regulation for a with a Planned Commercial District designation and adopting an
amended conceptual development plan, a copy of which is attached to and made a part
hereof, and now being amended to allow for the Intermodal Center and an 80 -space
surface parking lot for the following described property, to wit:
All real property generally located south of l2t Street, east of White Street and west
of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining pub-
lic right -of -way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above - described
PC Planned Commercial District:
Principal permitted uses: The following uses are permitted in the Historic Millwork
District PUD:
Places of religious exercise or assembly.
Public, private or parochial school approved by State of Iowa (K -12).
Public or private park, golf course, or similar natural recreation area.
Railroad and public or quasi - public utility, including substation.
Residential use.
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Housing for the elderly and persons with disabilities (not identified with (5) above).
Noncommercial art gallery.
Museum or library.
School of private instruction.
Private club.
General office.
Medical office or clinic.
Dental or medical lab.
Barber or beauty shop.
Hotel.
Shoe repair.
Laundry or drycleaner.
Bakery (wholesale or commercial).
Retail sales or service.
Indoor restaurant.
Bar or tavern.
Supermarket.
Tailoring or alterations.
Furniture or home furnishing.
Appliance sales or service.
Animal hospital or clinic.
Laundromat.
Furniture upholstery or repair.
Artist studio.
Photographic studio.
Neighborhood shopping center.
Business services.
Department store.
Auditorium or assembly hall.
Indoor theater.
Bank, savings and loan, or credit union.
Indoor amusement center.
Vending or game machine sales and service.
Indoor recreation facility.
Mail order house.
Printing or publishing.
Parking structure.
Vocational school.
Business or secretarial school.
Passenger transfer facility.
Warehousing and storage facility.
Artisan production shop.
Accessory Uses: The following accessory uses are permitted in the Historic Millwork
District PUD:
Any use customarily incidental and subordinate to the principal use it serves.
Boiler system in use as part of an industrial business or use.
Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the Historic Mill-
work District PUD, subject to the provisions of Article 8 of the Unified Development
12
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a condi-
tional use.
Drive -in or carry-out restaurant.
Drive -up automated bank teller.
Vehicle rental.
Construction supplies sales and service.
Contractor shop or yard.
Wholesale sale /distributor.
Agricultural supply sales.
Lumberyard or building materials.
Laboratory for research, development or engineering, provided that such use com-
plies with all local, state, and federal regulations governing hazardous substances, haz-
ardous conditions, hazardous wastes, and hazardous materials.
Freight transfer facility.
Moving or storage facility.
Millworking.
Manufacture, assembly, repair or storage of electrical or electronic products, compo-
nents or equipment.
Manufacture or assembly of musical instruments; toys; watches or clocks; medical,
dental, optical or similar scientific instruments; orthopedic or medical appliances; signs
or billboards.
Manufacturing, compounding, assembly or treatment of articles or products from the
following substances: clothing or textiles; rubber, precious or semiprecious stones or
metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers;
fur; cork; and celluloid or cellulose products.
District energy system.
Private energy generation facility.
Exterior storage.
Licensed child care centers, provided that:
Such facility shall supply loading and unloading spaces so as not to obstruct public
streets or create traffic or safety hazards;
All licenses have been issued or have been applied for and are awaiting the outcome
of the state's decision; and
Such use shall not be located within the same structure as any gas station,
bar /tavern, automated gas station or any facility selling, servicing, repairing, or renting
vehicles.
The conditional use applicant certifies that the premises on which the licensed child
care center will be located complies with, and will for so long as the licensed child care
center is so located, continue to comply with all local, state and federal regulations gov-
erning hazardous substances, hazardous conditions, hazardous wastes, and hazardous
materials.
If the applicant is subject to the requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986, as amended, the Emergency Manage-
ment Director shall certify whether or not the applicant has submitted a current inventory
of extremely hazardous substances kept or stored on the premises. If any such ex-
tremely hazardous substances are kept or stored on the premises, the applicant shall
also post in a conspicuous place on the premises a notice indicating a description of the
13
extremely hazardous substances, and the physical and health hazards presented by
such substances.
Applicant shall submit an evacuation plan for approval by the City, both written and
drawn, that details where the children will go in the event of a hazardous materials inci-
dent. The plan shall include a "house in place" scenario in which the children can be
kept safely within a room of the building that has no penetration to the outside (win-
dows, doors, etc).
Applicant shall submit plans for approval by the City that indicate the installation of a
main emergency shut -off switch for the heating, ventilation, and air conditioning (HVAC)
system to minimize the infiltration risk of airborne hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Historic Millwork District PUD, sub-
ject to the provisions of the Unified Development Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
Building Height = no maximum.
New Construction Transition. New construction on the blocks between 12th Street
and 11th Street should transition in scale from the Washington Neighborhood to the Dis-
trict PUD.
C. Sign Regulations.
The number, size and location of signs in the Historic Millwork District PUD shall be
regulated in accordance with Exhibit C and all other applicable regulations of Article 15
of the Unified Development Code.
A comprehensive sign plan is required as part of the sign permit submittal for all mul-
ti- tenant buildings.
Free - standing signs in the District PUD shall be monument -style signs.
The design of signage shall comply with the Downtown Design Guidelines for signs.
Waiver requests from these guidelines shall be reviewed by the Historic Preservation
Commission in accordance with the provisions of Article 10 of the Unified Development
Code.
Variance requests from sign requirements established in Article 15 of the Unified De-
velopment Code shall be reviewed by the Zoning Board of Adjustment in accordance
with provisions of Article 8 of the Unified Development Code.
Off - premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable mixed -use neighborhood in the Historic
Millwork District PUD that includes residential, retail, office, commercial, and industrial
uses requires both strategy and flexibility for its sustainability. The development and
maintenance of uses in the Historic Millwork District PUD conceptually should follow the
goals, objectives, and recommendations of the Historic Millwork District Master Plan,
incorporated herein by reference and on file in the Planning Services Department. The
development and maintenance of uses in the Historic Millwork District PUD shall be
regulated as follows:
Conceptual Development Plan
Referenced herein as Section 5. Development Summary of the Historic Millwork Dis-
trict Master Plan, and shown on Exhibit B, on file in the Planning Services Department,
14
and made a part of this zoning reclassification by reference as the Conceptual Devel-
opment Plan for the Historic Millwork District PUD.
It is recognized that minor shifts or modifications to the general plan layout may be
necessary and compatible with the need to acquire workable street patterns, grades
and usable building sites.
The Land Use / Development Patterns depicted in the Historic Millwork District Mas-
ter Plan for ground floor uses reflect a predominance of residential uses; however, for
District sustainability, these ground floor uses shall be characterized by a flexible desig-
nation for the Historic Millwork District PUD Conceptual Development Plan as shown in
Exhibit B.
Parking Regulations
Off - street parking is not required as part of the Historic Millwork District PUD. Off -
street parking spaces may be provided in a building as an accessory use, subject to re-
view and approval under Building, Fire, and other applicable City Codes. If a property
owner chooses to provide surface off - street parking within the District PUD, the City
Council must first approve the request and the following regulations shall apply:
Parking lot design shall comply with the Downtown Design Guidelines for surface
parking lots.
All vehicle - related features shall be surfaced with standard or permeable asphalt,
concrete, or pavers.
Curbing and proper surface drainage of storm water shall be provided.
All parking and loading spaces shall be delineated on the surfacing material by paint-
ed stripes or other permanent means.
The size and design of parking spaces shall be governed by applicable provisions of
the Unified Development Code enforced at the time of development of the lot.
The number, size, design, and location of parking spaces designated for persons with
disabilities shall be according to the local, state, or federal requirements in effect at the
time of development.
Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork
District PUD subject to City Council review and the following standards:
Parking structures shall comply with the Downtown Design Guidelines for parking fa-
cilities.
The size and design of parking spaces shall be governed by applicable provisions of
the Unified Development Code enforced at the time of development.
The number, size, design, and location of parking spaces designated for persons with
disabilities shall be according to the local, state or federal requirements in effect at the
time of development.
Site Lighting
Exterior illumination of site features shall be limited to the illumination of the following:
Parking areas, driveways and loading facilities.
Pedestrian walkway surfaces and entrances to building.
Building exterior.
Location and Design
All exterior lighting luminaries shall be designed and installed to shield light from the
luminaries at angles above 72- degrees from vertical.
Fixtures mounted on a building shall not be positioned higher than the roofline of the
building.
All electrical service lines to posts and fixtures shall be underground and concealed
inside the posts.
15
The design of exterior lighting luminaries shall comply with the Downtown Design
Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the
Historic Preservation Commission in accordance with the provisions of Article 10 of the
Unified Development Code.
Open Space
It is the intent of these regulations that the development of open spaces Of provided)
shall reflect a high quality of environmental design. The following provisions shall apply.
Open space plans are required as part of submittals for site plan review. Such plans
are to include type, number and size of proposed plantings, paving and other open
space amenities. Open space areas shall be designed in compliance with Downtown
Design Guidelines and the Historic Millwork District Master Plan.
Within one (1) year following completion of construction, or by the date that a building
is issued an occupancy certificate by the Building Services Department of the City of
Dubuque, whichever occurs first, required open space amenities shall be installed.
Stormwater Management
The developer shall be responsible for providing stormwater management in a means
that is satisfactory to the City Engineer and consistent with the Historic Millwork District
Master Plan. Sustainable, low impact development techniques for stormwater manage-
ment approved by the City Engineer will be used where feasible. Other applicable regu-
lations also enforced by the City Engineer relative to stormwater management and
drainage shall apply to the subject property.
Exterior Trash Collection Areas
The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses of the lot.
All exterior trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other fea-
ture not exceeding a height of 10 feet measured from the ground level outside the line
of the screen. Screens built on sloping grades shall be stepped so that their top line
shall be horizontal. All exterior entrances to a screened trash area shall be provided
with a gate or door of similar design to that of the screen.
Exterior trash collection areas shall comply with the Downtown Design Guidelines for
service areas.
Exterior Storage
Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage are-
as shall comply with the Downtown Design Guidelines for service areas.
The use of semi - trailers and /or shipping containers for storage is prohibited.
Final site development plans shall be submitted in accordance with provisions of Arti-
cle 12 and Article 13 of the Unified Development Code prior to construction or expan-
sion of any buildings, free - standing signs, or parking facilities. The Downtown Design
Guidelines shall apply to site development in the District PUD, and shall take prece-
dence over the Design Standards for Big Box Retail Uses (over 100,000 square feet)
and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and
Regional Shopping Centers in Article 13 of the Unified Development Code.
Retail uses should be clustered around each other and adjacent to public spaces,
such as at the intersection of 10th and Washington Streets, in the Farley & Loetscher
and Kirby Buildings along 7th Street, and in a highly visible commercial corridor at the
east edge of the District along Elm Street.
16
Land uses should transition from industrial on the south to residential on the north,
with new commercial or mixed use buildings along the new block to be created by rea-
ligning Elm Street in accordance with the Historic Millwork District Master Plan.
E. Other Codes and Regulations
Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground, where feasible.
These regulations do not relieve the owner from other applicable city, county, state or
federal codes, regulations, laws and other controls relative to the planning, construction,
operation and management of property within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork District PUD shall
include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the District
PUD.
G. Recordinq
A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubu-
que, with the Dubuque County Recorder as a permanent record of the conditions ac-
cepted as part of this reclassification approval. This ordinance shall be binding upon the
undersigned and his /her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 17th day of January, 2012.
/s /Ric W. Jones, Mayor Pro Tem
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 20th day of January,
2012.
/s /Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
General Obligation Urban Renewal Bonds Series 2012A and General Obligation
Bonds Series 2012B: City Manager recommending advertisement for the sale of the
$4,380,000 General Obligation Urban Renewal Bonds, Series 2012A and $7,495,000
General Obligation Bonds, Series 2012B and approval of the electronic bidding proce-
dures. Motion by Connors to receive and file the documents and adopt Resolution No.
19 -12 Directing the advertisement for sale of $4,380,000 General Obligation Urban Re-
newal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B,
approving electronic bidding procedures, and authorizing distribution of a Preliminary
Official Statement. Seconded by Lynch. City Manager Van Milligen and Budget Director
Jenny Larson provided information on the current status of the City's debt capacity. Mo-
tion carried 6 -0.
RESOLUTION NO. 19 -12
DIRECTING THE ADVERTISEMENT FOR SALE OF $4,380,000 GENERAL OBLIGA-
TION URBAN RENEWAL BONDS, SERIES 2012A AND $7,495,000 GENERAL OB-
17
LIGATION BONDS, SERIES 2012B, APPROVING ELECTRONIC BIDDING PROCE-
DURES, AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT
Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of
the construction, reconstruction and repair of street, sidewalk and streetscape im-
provements, including those costs associated with the East 7th and Commercial Street
reconstruction and related improvements, two -way street traffic conversions, and Histor-
ic Millwork District "complete streets" improvements, and the refunding and refinancing
of the General Obligation Capital Loan Notes, Series 2010F, dated September 20,
2010, essential corporate purpose projects, and it is deemed necessary and advisable
that the City issue general obligation bonds for said purpose in the amount of not to ex-
ceed $9,000,000 as authorized by Section 384.25 of the Code of Iowa; and
Whereas, pursuant to notice published as required by Section 384.25 this Council
has held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of the above described Bonds, and all objections, if any, to such Council ac-
tion made by any resident or property owner of said City were received and considered
by the Council; and it is the decision of the Council that additional action be taken for
the issuance of said Bonds, and that such action is considered to be in the best inter-
ests of said City and the residents thereof;
Whereas, the City also is in need of funds to pay costs of aiding in the planning, un-
dertaking and carrying out of urban renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District, including those costs associated with
the construction of an intermodal transportation center, and it is deemed necessary and
advisable that the City issue general obligation urban renewal bonds for said purpose to
the amount of not to exceed $5,000,000 as authorized by Sections 403.12 and
384.24(3)(q) of the Code of Iowa; and
Whereas, pursuant to notice published as required by Sections 403.12 and
384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to
institute proceedings for the issuance of the above described Bonds, and no petitions
were filed calling for an election thereon and all objections, if any, to such Council action
made by any resident or property owner of said City were received and considered by
the Council; and it is the decision of the Council that additional action be taken for the
issuance of said Bonds, and that such action is considered to be in the best interests of
said City and the residents thereof;
Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer
the foregoing Bonds for sale in two separate series, in the aggregate principal amounts
as hereinafter described; and
Whereas, a preliminary form of Official Statement has been prepared for the purpose
of offering the Bonds for sale to the public; and
Whereas, it is appropriate that the form of the preliminary Official Statement be ap-
proved and deemed final and, upon completion of the same, that the preliminary Official
Statement be used in connection with the offering of the Bonds for sale to the public;
and
Whereas, the Council has received information from its financial advisor recommend-
ing that sealed and electronic facsimile and internet bidding be authorized for the sale of
the Bonds, and that such procedures will maintain the integrity and security of the com-
petitive bidding process and facilitate the delivery of bids by interested parties;
18
Whereas, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of sealed and electronic fac-
simile and Internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the receipt of electronic bids for the Bonds hereinafter described by
facsimile machine and through the PARITY competitive bidding system described in the
Notice of Bond Sale described herein are hereby found and determined to provide rea-
sonable security and to maintain the integrity of the competitive bidding process, and to
facilitate the delivery of bids by interested parties in connection with the offering of the
Bonds hereinafter described at public sale.
Section 2. That the preliminary Official Statement in the form presented to this meet-
ing be and the same hereby is approved as to form and deemed final for purposes of
Rule 15C2 -12 of the Securities and Exchange Commission, subject to such revisions,
corrections or modifications as the Finance Director, upon the advice of bond counsel
and the City's financial advisor, shall determine to be appropriate, and is authorized to
be distributed thereafter in connection with the offering of the Bonds for sale.
Section 3. That the City Clerk be and is hereby authorized and directed to publish no-
tice of sale of said Bonds at least once, the last one of which shall be not less than four
clear days nor more than twenty days before the date of the sale. Publication shall be
made in the Telegraph Herald, a legal newspaper, printed wholly in the English lan-
guage, published within the county in which the Bonds are to be offered for sale or an
adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and
shall state that this Council, on the 6th day of February, 2012, at 6:30 o'clock P.M., will
hold a meeting to receive and act upon bids for said Bonds; said notice to be in sub-
stantially the [provided] form.
Passed and approved this 17th day of January, 2012.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
2011 National Electrical Code: City Manager recommending adoption of the 2011
edition of the National Electrical Code, which will keep the City of Dubuque's electrical
ordinance consistent with the State of Iowa's requirements. Motion by Connors to re-
ceive 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 Connors for final consideration and passage of Ordinance No. 3 -12
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1 Building Codes, Article D Electrical Code by Regulating the Approved Appli-
cations and Use of NM Cable. Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE
BY REGULATING THE APPROVED APPLICATIONS AND USE OF NM CABLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
19
Section 1. Section 14 -1 D -1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14 -1 D -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, 2011 edition, as prepared and edited by the National Fire
Protection Agency, Quincy, Massachusetts, and the provisions of such electrical code
shall 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 with-
in the corporate limits of the city, and shall be known as the Dubuque electrical code. A
copy of the national electrical code, 2011 edition, as adopted, shall be on file in the of-
fice of the city clerk for public inspection.
Section 2. Section 14 -1 D -2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14 -1 D -2: National Electrical Code Amendments:
The national electrical code adopted by section 14 -1 D -1 of this article is hereby
amended as follows:
82 -1. Permits Required.
(b). Exempt Work. An electrical permit shall not be required for the following:
(1). Portable motors or other portable appliances energized by means of a cord
or cable having an attachment plug end to be connected to an approved recepta-
cle when that cord or cable is permitted by this code;
(2). Repair or replacement of fixed motors, transformers, or fixed approved appli-
ances of the same type and rating in the same location;
(3). Temporary decorative lighting;
(4). Repair or replacement of current - carrying parts of any switch, contractor, or
control device;
(5). Reinstallation of attachment plug receptacles, but not the outlets therefor;
(6). Repair or replacement of any overcurrent device of the required capacity in
the same location;
(7). Repair or replacement of electrodes or transformers of the same size and
capacity for signs or gas tube systems;
(8). Taping joints;
(9). Removal of electrical wiring;
(10). Temporary wiring for experimental purposes in suitable experimental labor-
atories; or
(11). The wiring for temporary theater, motion picture, or television stage sets.
However, any such exempted work that is to be performed in other than a single -
family home by the qualifying homeowner shall be performed by or directly supervised
by the holder of a state of Iowa class "A" or "B" master or journeyman electrical license.
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 license and affiliated with
an electrical contracting firm or business that is also licensed by and registered
with the state of Iowa.
83 -1. Definitions. For use within this article, the following words and phrases are de-
fined:
20
Electrical equipment means all electrical materials, wiring, conductors, fittings, devic-
es, 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.
Homeowner means the owner of property that is the owner's principal place of resi-
dence, if such residence is an existing dwelling rather than new construction and is not
larger than a single family dwelling or farm property and shall qualify for the homestead
tax exemption.
Licensed means licensed under this article or Iowa Code section 103.2, except as
otherwise specified.
Maintenance electrician means a person who has the necessary training, experience,
and technical knowledge to undertake the work of servicing, maintaining, and repairing
electrical devices, appliances, and equipment within the stipulated confines of property
owned or controlled by the firm, business, or company by whom employed. An electrical
maintenance certificate of competency may be issued to an individual and will entitle the
holder thereof to undertake the work of servicing, maintaining, and repairing electrical
devices, appliances, and equipment only within the confines of the property owned by
such individual for use or application to such property.
Registered, under this article, means a copy of the licensed person's license and cur-
rent contact information has been provided to the city of Dubuque building services de-
partment on forms provided by building services department, except as otherwise speci-
fied.
83 -2. Registration Required; Exceptions.
(a). No person, firm, or corporation shall perform any electrical work as an electrical
contractor, master electrician, journeyman electrician, apprentice electrician, unclassi-
fied person, or maintenance electrician in the city of Dubuque unless registered as pro-
vided in this article.
(b). No electrical contractor or electrical maintenance electrician shall employ any
apprentice or unclassified person to perform any electrical work unless said apprentice
or unclassified person is under the direct personal on- the -job supervision of a state
master electrician or state journeyman electrician. The ratio of apprentice electricians or
unclassified persons to holders of state of Iowa master or journeyman electrical licenses
or electrical maintenance licenses at any time shall not exceed the ratios given in sub-
section 83 -2(f).
83 -3. Classes Of Dubuque Electrical License.
(b). One (1) class of license is hereby established and certificates thereof shall be re-
newed only upon the direction of the Dubuque electrical code board. This class shall be
designated respectively as:
Electrical maintenance license shall entitle the holder thereof to undertake, within
the corporate limits of the city of Dubuque, the work of installing, servicing, main-
taining, altering, and repairing electrical devices, appliances, and equipment with-
in the confines of property owned or controlled by the firm, business, or company
employing such registration holder or within the confines of property owned by an
individual.
83- 7.Fees For Licenses. Before an electrical maintenance license is granted to any ap-
plicant under this article and before an expiring electrical license issued by the city of
Dubuque is renewed, the applicant shall pay to the city a fee as specified in table no.
13 -B.
21
TABLE NO. 13 -B
Electrical Examination, License Fees,
1. Initial fee for electrical maintenance license $120.00
2. Renewal fee for electrical maintenance license $60.00
Examination fees are set by the testing agency
83- 12.Display of License. Every holder of a state of Iowa electrical license shall be able
to produce their current license when on the job site or when making application for an
electrical permit.
334.10 Uses Permitted
Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the follow-
ing:
(1) One- and two - family dwellings This section was revised for the 2011 Code to
clarify that the requirements for the use of nonmetallic- sheathed cable in garages
of one- and two - family dwellings apply regardless of whether the garage is at-
tached or detached. The same requirements also apply to detached sheds or
storage buildings associated with one- and two - family dwellings.
(2) Multifamily dwellings, two (2) stories or less in height, permitted to be of
Types III, IV, and V construction except as prohibited in 334.12.
(3) Other residential or accessory structures, two (2) stories or less in height,
permitted to be of Types III, IV, and V construction except as prohibited in
334.12. Cables shall be concealed within walls, floors, or ceilings that provide a
thermal barrier of material that has at least a fifteen (15) minute finish rating as
identified in listings of fire -rated assemblies.
(4) Manufactured buildings as defined and regulated in Article 545 of the National
Electrical Code. Manufactured buildings must comply with the provisions of Arti-
cle 545.
A well - established means of codifying fire protection and fire safety requirements is to
classify buildings by types of construction, based on materials used for the structural
elements and the degree of fire resistance afforded by each element. The five funda-
mental construction types used by the model building codes are Type I (fire resistive),
Type II (noncombustible), Type III (combination of combustible and noncombustible),
Type IV (heavy timber), and Type V (wood frame). Types I and II basically require all
structural elements to be noncombustible, whereas Types III, IV, and V allow some or
all of the structural elements to be combustible (wood).
The selection of building construction types is regulated by the local building code,
based on the occupancy, height, and area of the building. When a building of a selected
height On feet or stories above grade) and area is permitted to be built of combustible
construction (i.e., Types III, IV, or V), the installation of nonmetallic- sheathed cable is
permitted. The common areas (corridors) and incidental and subordinate uses (laundry
rooms, lounge rooms, etc.) that serve a multifamily dwelling occupancy are also consid-
ered part of the multifamily occupancy, thereby allowing the use of nonmetallic -
sheathed cable in those areas.
If a building is to be of noncombustible construction (i.e., Type I or II) by the owner's
choice, even though the building code would permit combustible construction, the build-
ing is allowed to be wired with nonmetallic- sheathed cable. In such an instance, non-
metallic- sheathed cable may be installed in the noncombustible building because the
Code would have permitted the building to be of combustible construction.
Section 334.10(5), which was previously in 334.10(A)(1), Exception, permits Type
NM, nonmetallic- sheathed cables to be installed in Type I and Type II construction if the
22
cables are within permitted raceways. A raceway is only permitted to be used if it com-
plies with the article for the raceway and its use does not violate another article in the
code.
(A) Type NM. Type NM cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as
prohibited in 334.10(3)
(2) To be installed or fished in air voids in masonry block or tile walls
(B) Type NMC. Type NMC cable shall be permitted as follows:
(1) For both exposed and concealed work in dry, moist, damp, or corrosive loca-
tions, except as prohibited by 334.10(3)
(2) In outside and inside walls of masonry block or tile
(3) In a shallow chase in masonry, concrete, or adobe protected against nails or
screws by a steel plate at least 1.59 mm (1/16 in.) thick and covered with plaster,
adobe, or similar finish
(C) Type NMS. Type NMS cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as
prohibited by 334.10(3)
(2) To be installed or fished in air voids in masonry block or tile walls
Section 3. This Ordinance takes effect upon publication.
Passed, approved and adopted the 17th day of January, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 20th day of January 2012.
/s /Kevin S. Firnstahl, City Clerk
Purina Drive Weigh Scale House Building Project Award: City Manager recommend-
ing award of the contract to the low bidder, Stumpf Construction, in the amount of
$156,698.80. Motion by Lynch to receive and file the documents and adopt Resolution
No. 20 -12 Awarding the public improvement contract for the Purina Drive Weigh Scale
House Building Project. Seconded by Connors. Discussion included concern over the
disparity of costs for some bid components and local business bidders. Responding to
questions from City Council, City Manager Van Milligen and City Attorney Lindahl ad-
dress the law and policies related to choosing the lowest responsive responsible bidder.
Public Works Director Don Vogt stated that the department will perform value engineer-
ing design on several project components to mitigate costs. Motion carried 6 -0.
RESOLUTION NO. 20 -12
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE PURINA DRIVE
WEIGH SCALE HOUSE BUILDING PROJECT
Whereas, sealed proposals have been submitted by contractors for the Purina Drive
Weigh Scale House Building Project (the Project) pursuant to Resolution No. 411 -11
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
on the 23rd day of December, 2011; and
Whereas, said sealed proposals were opened and read on the 6th day of January,
2012 and it has been determined that Stumpf Construction of Dubuque, Iowa, with a bid
in the amount of $156,698.80 is the lowest responsive, responsible bidder for the Pro-
ject.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
23
That the Public Improvement Contract for the Project is hereby awarded to Stumpf
Construction and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 17th day of January, 2012.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Convention and Visitors Bureau - Request for Work Session: Convention and Visitors
Bureau Executive Director Keith Rahe requesting that the annual Conventional and Visi-
tors Bureau work session for Fiscal Year 2013 be set for 5:30 p.m. on February 6, 2012.
Motion by Lynch to receive and file the documents and schedule the work session as
requested. Seconded by Connors. Motion carried 7 -0.
Fiscal Year 2013 Budget and Fiscal Policy Guidelines: City Manager recommending
adoption of the Fiscal Year 2013 Budget Policy Guidelines. The guidelines reflect City
Council direction given as part of the August 24 and 25, 2011, goal setting sessions.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Sutton. Responding to questions from City Council, City Manager Van Mil -
ligen and Budget Director Jenny Larson provided information regarding the increase in
costs of health care and the JULE Transit System, which impact the budget and precipi-
tates an anticipated property tax increase.
There being no further business, upon motion the City Council adjourned at 8:28 p.m.
Kevin S. Firnstahl
City Clerk
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