4 4 16 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 April 4, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, Assistant City Attorney Brumwell.
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Sustainable Dubuque.
WORK SESSION
Sustainable Dubuque
Sustainability Coordinator Cori Burbach, Public Health Specialist Mary Rose Corri-
gan, Carrie Lorhmann of Trailhead Energy, and Raki Giannakouros of Green Dubuque
and Blue Sky Solar presented on the following topics.
• Georgetown University Energy Prize
• EPA Environmental Education Grant: Air Quality Education
• 50% by 2030 Community Climate Action & Resiliency Plan
• Resilient Community Advisory Commission: Community Engagement Progress
The City Council had discussion with the presenters following the presentation.
There being in further business, upon motion the City Council adjourned at 6:21 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, Assistant City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Mayor's Day of Recognition for National Service (April 5, 2016) was accepted by
VISTA representatives Brynn McDonnell, Katherine Sipple, and Hannah Pope.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 3/21; Library Board
of Trustees Council Update 3/24; Park and Recreation Commission of 3/8; Sister City
Relationships Advisory Commission of 3/16; Proof of publication of City Council Pro-
ceedings for 3/7, 3/14. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: National Casualty Company/ #1 Green Cab for vehicle
damage. Upon motion the documents were received, filed and referred to the City At-
torney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: National Casualty Company/#1 Green Cab for vehicle damage. Upon
motion the documents were received, filed and concurred.
4. Request for Proposals - Mathias Ham House Masonry Rehabilitation: City Manag-
er recommending approval of the release of a Request for Proposals for a consultant to
provide architectural/engineering services for masonry rehabilitation of the Mathias Ham
House. Upon motion the documents were received, filed and approved.
2
5. Request for Proposals - Five Flags Theater Masonry Rehabilitation and Fire Es-
cape: City Manager recommending approval of the release of a Request for Proposals
for a consultant to provide architectural/engineering services for the Five Flags Theater
Masonry Rehabilitation and Fire Escape Project. Upon motion the documents were re-
ceived, filed and approved.
6. Request for Proposals - Comprehensive Plan Update: City Manager recommend-
ing approval of the release of a Request for Proposals for the City of Dubuque Compre-
hensive Plan Update. Upon motion the documents were received, filed and approved.
7. Environmental Covenant for the Old City Garage Site: City Manager recommend-
ing approval of the Environmental Covenant and Release of Prior Property Restriction
for the Old City Garage Site at 925 Kerper Boulevard. Upon motion the documents were
received and filed and Resolution No. 106-16 Approving an Environmental Covenant
and Release of Prior Property Restriction for the Old City Garage Site, formerly Peoples
Natural Gas, at 925 Kerper Boulevard, Dubuque, Iowa as requested by the Iowa De-
partment of Transportation was adopted.
RESOLUTION NO. 106-16
APPROVING AN ENVIRONMENTAL COVENANT AND RELEASE OF PRIOR PROP-
ERTY RESTRICTION FOR THE OLD CITY GARAGE SITE, FORMERLY PEOPLES
NATURAL GAS AT 925 KERPER BOULEVARD, DUBUQUE, IOWA AS REQUESTED
BY THE IOWA DEPARTMENT OF TRANSPORTATION
Whereas, the City of Dubuque is the current owner of environmentally contaminated
property with a local address of 925 Kerper Boulevard, Dubuque, Iowa, which property
was previously owned by Peoples Natural Gas, who among others, contributed to the
contamination of the site, commonly known as the Peoples Natural Gas Site (the Site);
and
Whereas, the U.S. Environmental Protection Agency (EPA) previously required the
City of Dubuque to place intuitional controls on the Site in the form of a deed restriction,
which was recorded in 1991; and
Whereas, EPA requested that the deed restriction be removed from the property, as
it was EPA's intent for an environmental covenant to replace the deed restriction as the
sole institutional control on the Site; and
Whereas, City negotiated the Environmental Covenant with EPA which was approved
by the City Council on September 8, 2015; and
Whereas, the Iowa Department of Transportation has requested that the City adopt
the Environmental Covenant and Release of Prior Property Restriction attached hereto;
and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Environmental Covenant and Release of Prior Property Restriction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Environmental Covenant and Release of Prior Property Restriction at-
tached hereto is hereby approved.
3
Section 2. The Mayor is hereby authorized and directed to execute the Environmental
Covenant and Release of Prior Property Restriction on behalf of the City of Dubuque.
Section 3. The City Manager is authorized to take such action is may be necessary
and convenient to implement the Environmental Covenant and Release of Prior Proper-
ty Restriction.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Lower Main Development, LLC Subordination Agreement: City Manager recom-
mending approval of a Subordination Agreement with Lower Main Development, LLC
which provides the City's loan is subordinate to the mortgage of Dupaco Community
Credit Union for the Platinum Building. Upon motion the documents were received, filed
and approved.
9. Andrew Makovec Claim Appeal: City Attorney recommending approval of the ap-
peal of a claim against the City by Andrew Makovec for property damage. Upon motion
the documents were received, filed and concurred.
10. Kory Monahan Settlement Agreement: City Attorney recommending approval of a
Settlement Agreement in the case of Kory Monahan v. Ryan Clark and the City of
Dubuque. Upon motion the documents were received, filed and approved.
11. Grand River Center Management Contract Renewal - Platinum Hospitality: City
Manager recommending approval of the Grand River Center Management Agreement
Amendment with Platinum Hospitality Group, LLC. Upon motion the documents were
received and filed and Resolution No. 107-16 Approval of an Amendment to the Facility
Management Agreement between the City of Dubuque, Iowa and Platinum Hospitality
Group, LLC was adopted.
RESOLUTION NO. 107-16
APPROVAL OF AN AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY
GROUP, LLC
Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa
(City) entered into a Facility Management Agreement (the Agreement) dated the 20th
day of May, 2013 for the purpose of Manager performing the management services for
the Grand River Center (Facility) described in that Agreement; and
Whereas, Section 9 of the Agreement states "The term of this Agreement commenc-
es May 26, 2013 and runs for three (3) years, ending on May 25, 2016..."; and
Whereas, Section 4.1 of the Agreement addresses the Hotel Motel Tax payments to
be made over the terms of the Agreement, including any renewals; and
Whereas, Section 10.1 of the Agreement states "After May 25, 2015 this Agreement
may be terminated by either party hereto, without cause, upon six (6) months written
notice to the other party"; and
4
Whereas, although the deadline for renewal has passed, the parties wish to renew
the Agreement for an additional three (3) year period; and
Whereas, the parties wish to meet on a regular and frequent basis throughout the re-
newal period; and
Whereas, City and Manager now desire to amend the Facility Management Agree-
ment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amendment attached hereto is hereby approved on behalf of the
City of Dubuque.
Section 2. That the Mayor is hereby authorized to execute the Amendment on behalf
of the City of Dubuque.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Visiting Nurses Association (VNA) - Lead & Healthy Homes Contract: City Man-
ager recommending approval of an agreement with the Dubuque Visiting Nurse Associ-
ation for services related to the Housing and Urban Development (HUD) Lead Hazard
Control and Healthy Homes Program. Upon motion the documents were received, filed
and approved.
13. Health Choices Administrative Services Fee: City Manager recommending ap-
proval of the Health Choices administrative services fee effective July 1, 2016 through
June 30, 2017, and authorization for the City Manager to sign the Amendment to the
Administrative Services Agreement. Upon motion the documents were received, filed
and approved.
14. 2015-2016 Snow and Ice Removal from Public Right -of -Way Assessments: City
Manager recommending establishing the final assessments for the 2015-2016 Snow
Removal from City Right -of -Way. Upon motion the documents were received and filed
and Resolution No. 108-16 Adopting the final Assessment Schedule for the 2015-2016
Snow Removal Assessment - Right -of -Way Obstruction Removal Assessment Project
was adopted.
RESOLUTION NO. 108-16
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2015-2016 SNOW
REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESS-
MENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal As-
sessment — Right -of -Way Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
5
Schedule of Assessments as deficiencies are found to be proper and levied conditional-
ly against the respective properties benefited by the improvements as shown in the Fi-
nal Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said
assessments against said lots are hereby declared to be in proportion to the special
benefits conferred and not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments
to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi-
cation once each week for two consecutive weeks in the manner provided in Iowa Code
§ 362.3, the first publication of which shall be not more than fifteen days from the date
of filing of the Final Schedule of Assessments. On or before the date of the second pub-
lication of the notice, the City Clerk shall also mail a copy of said notice to property
owners whose property is subject to assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as-
sessments are payable at the County Treasurer's Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%)
computed to December 1 next following the due dates of the respective installments as
provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from
October 1 following its due date on July 1 of each year. However, when the last day of
September is a Saturday or Sunday, that amount shall be delinquent from the second
business day of October. Unpaid balances will draw the same delinquent interest as or-
dinary taxes.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2015-2016 SIDEWALK SHOVELING ASSESSMENTS FINAL ASSESSMENTS
PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; STREET
ADDRESS; VALUATION WITH IMPROVEMENT; TOTAL NET ASSESSMENT
Kingdom Investment LLC; Lot 1 in George Martins Sub; 1025178001; 500 Hill Street;
$127,040.00; $ 75.10
Robert & Cheryl Cannon; E 1/4 of Lot 1 - 2 of City Lot 720 And Lot 2 - 2 of City Lot
720;1025135019;681 West 5th Street; $70,210.00; $58.75
Jimmy Hum & Heather Jones; Lot 7 Blk 1 Clarke Crest Estates 2nd Add; 1023207019;
877 Spires Drive; $180,840.00; $80.35
Aaron & Kerry Walling; Lot 17 Newberry & Hales Sub; 1026277004; 1350 West 5th
Street; $106,600.00; $71.95
Rachel Tucker; Lot 6 Hillcrest Sub; 1022429001; 1988 Asbury Road; $104,240.00;
$117.25
Scott Maksymkow; Lot 4 Blk 1 Crescent Heights; 1028481001; 3547 Lunar Dr.;
$164,170.00; $125.90
Deane & Manolita Dement; Lot 1-1-1-10 Kelly's Sub; 1025129016; 686 University
Avenue; $5,880.00; $58.75
Noel Properties LLC; Lot 36 University Place; 1023252005; 1180 West Locust Street;
$60,880.00; $73.23
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Sherri & Shirley Heagy; Lot 38 Leven's Add; 1023477014; 1069 Vernon Street;
$57,760.00; $55.60
Robert Neuwoehner; Lot 4 Hannig's Sub; 1026228003; 1120 Glen Oak Street;
$106,890.00; $55.60
Patrick Cribben; N 1/2 - N 1/2 of City Lot 123; 1025280004; 166 Bluff Street;
$67,460.00; $58.75
Feldott Properties LLC; Lot 1-5 A L Browns Sub; 1024340008; 452 Loras Blvd.;
$99,650.00; $67.98
Aaron Healey; Lot 1-818 & Lot 819 A McDaniel's Sub; 1024377002; 636 Loras Blvd.;
$97,390.00; $80.35
James & Diane Barefoot; Lot 7 East St Sub; 1026112002; 2320 Mineral St.;
$90,910.00; $80.35
Chad Ellis Construction Inc.; Lot 33 Blk 2 Sunset Park #2; 1021206014; 2212 St.
John Drive; $ 129,300.00; $67.98
Scott Duehr; Lot 2-2-1-3 St Mary's Place; 1022201002; 2971 Kaufmann Avenue;
$100,110.00; $150.88
NJC LLC; Lot 1-1 Schwind's PI; 1026212001; 1853 Delhi Street; $ 75,890.00; $97.75
K & T Real Estate LLC; Lot 18 Morheiser's Sub; 1026212008; 1670 University Ave-
nue; $87,740.00; $67.98
Jarod Moore; SW1/2-Lot 37 Mc Craney's 2nd Add; 1118352008; 1004 Garfield Ave-
nue; $81,130.00; $65.88
CM Investments; Lot 2 Dreibelbi's Add; 1013481018; 807 Garfield Avenue;
$60,600.00; $65.88
Brian & Audra Elliott; Lot 2-22 & Lot 2-23 Tschirgi & Schwind's Sub; 1026134006;
1057 Auburn Street; $ 168,690.00; $65.88
James Wiezorek; Lot 1 Blk 3 Steger Heights; 1026152001; 265 Devon Drive;
$180,810.00; $71.13
Michael & Kimberly Hackett; Lot 1-6 & 2-5 Mrs. L H Langworthy's Except N 12'
Thereof; 1025157005; 1072 West 3rd Street; $ 295,120.00; $64.83
Nicholas Reed; Lot 7 Blk 11 Green Acres Sub; 1014255006; 2926 Timberline Street;
$123,600.00; $57.70
15. Pre -Annexation Agreement - Frederick J. Henneberry #1: City Manager recom-
mending approval of a Pre -Annexation Agreement with Frederick J. Henneberry, prop-
erty owner of Lots 1 and 2 of Timothy Place in the Twin Ridge Subdivision. Upon motion
the documents were received and filed and Resolution No. 109-16 Approving a Pre -
Annexation Agreement between the City of Dubuque, Iowa and Frederick J. Henneberry
was adopted.
RESOLUTION NO. 109-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND FREDERICK J. HENNEBERRY
Whereas, Frederick J. Henneberry, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
7
Lots 1 and 2 of Timothy Place, a subdivision of Section 12, Tablemound Township,
Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Frederick J. Henneberry, have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future an-
nexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Frederick J. Henneberry
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Pre -Annexation Agreement - Frederick J. Henneberry #2: City Manager recom-
mending approval of a Pre -Annexation Agreement with Frederick J. Henneberry, prop-
erty owner of Lot 7 in Twin Ridge Subdivision No. 2. Upon motion the documents were
received and filed and Resolution No. 110-16 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Frederick J. Henneberry was adopted.
RESOLUTION NO. 110-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND FREDERICK J. HENNEBERRY
Whereas, Frederick J. Henneberry, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 7 of Twin Ridge Subdivision No. 2 in Section 12, Tablemound Township,
Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Frederick J. Henneberry, have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future an-
nexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
8
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Frederick J. Henneberry
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Pre -Annexation Agreement - Linda L. Sanford: City Manager recommending ap-
proval of a Pre -Annexation Agreement with Linda L. Sanford, property owner of Lot 12
in Twin Ridge Subdivision No. 2. Upon motion the documents were received and filed
and Resolution No. 111-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Linda L. Sanford was adopted.
RESOLUTION NO. 111-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND LINDA L. SANFORD
Whereas, Linda L. Sanford, the owners of the following described property in Dubu-
que County, Iowa (the Property) have submitted to the City Council of the City of Dubu-
que an application for voluntary annexation of the Property to the City of Dubuque:
Lot 12 in Twin Ridge Subdivision No. 2 in Tablemound Township, Dubuque Coun-
ty, Iowa, according to the recorded plat thereof, subject to easements and re-
strictions of record; and
Whereas, Linda L. Sanford, have entered into a Pre -annexation Agreement with the
City of Dubuque a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The Pre -annexation Agreement by and between Linda L. Sanford and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Building Services Fiscal Year 2017 Permit Fees: City Manager recommending
rescission of Resolution No. 84-16 and approval of a new resolution correcting the er-
rors in the FY17 permit and license fees for the Building Services Department. Upon
motion the documents were received and filed and Resolution No. 112-16 Rescinding
Resolution No. 84-16 Establishing a new Schedule of Building Permit and License Fees
and adopting in lieu thereof a new Schedule of Building Permit and License Fees was
adopted.
RESOLUTION NO. 112-16
RESCINDING RESOLUTION NO. 84-16 ESTABLISHING A NEW SCHEDULE OF
BUILDING PERMIT AND LICENSE FEES AND ADOPTING IN LIEU THEREOF A
NEW SCHEDULE OF BUILDING PERMIT AND LICENSE FEES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 84-16 is hereby rescinded.
Section 2. Building Issuance and Annual License Fees.
Permit/License Description
Recommended Fee Increase
Building Permit Issuance Fee
$10.00
Sign Contractor License Annually
$150.00
VAB License Annually
$350.00
Solar Thermal License Annually
$125.00
Electrical/Industrial Maintenance License Annually
$230.00
Section 3. Plan Review Fee.
• Plan Review Fee: $60/HR
Section 4: Building Permit Value Increases.
One -and Two -Family Dwellings
Project Amount
Base Fee
Plus
$1 - $500
$14.58
No Added Fee
$501 - $2,000
$14.58 for first $500
$2.37 additional $100
$2,001 - $30,000
$50.05 for first $2,000
$9.35 additional $1,000
$30,001 - $50,000
$311.85 for first $30,000
$6.99 additional $1,000
$50,001 - $100,000
$451.55 for first $50,000
$4.68 additional $1,000
100,001 and above
$685.30 for first $100,000
$3.91 additional $1,000
All Other Building Projects
Project Amount
Base Fee
Plus
$1 - $500
$29.15
No Added Fee
$501 - $2,000
$29.15 for first $500
$14.58 additional $500
$2,001 - $25,000
$72.88 for first $2,000
$11.66 additional $1,000
$25,001 - $50,000
$341.06 for first $25,000
$8.75 additional $1,000
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$50,001 - $100,000
$559.68 for first $50,000
$5.83 additional $1,000
$100,001 - $500,000
$851.18 for first $100,000
$48.02 additional $10,000
$500,001 and above
$2771.78 for first $500,000
$39.27 additional $10,000
Section 5. Residential Electrical Permit Fees.
Category
Recommended
Fee
Square Footage Fees for New Residential Construction or Addi-
tions (Per Square Foot Cost)
$0.07
Unit Fees for Existing Building Remodels Per Unit Fee
Swimming Pool, Spa, Hot Tub, Whirlpool
$36.30
Temporary Power, Construction Site Service
$21.45
Temporary Lighting Systems
$21.45
Receptacle, Switch, Light and Boxes or Enclosures
1-20
$0.77
Over 20
$0.33
Lighting Fixtures
1-20
$0.77
Over 20
$0.33
Pole Mounted Lighting Fixtures
$1.43
Residential Appliances and Power Apparatus (rat-
ed in) Tons of TU, or Kilowatts, KiVA, or KiVAR, or
Horsepower.
0 to 1
$7.70
Over 1 to 10
$8.80
Over 10 to 20
$11.00
Over 20 to 30
$15.40
Over 30
$15.40
Extra HP
$0.33
Square Footage Fees for New Buildings and Remodels Per
Square Feet
$0.07
Main Service Fees and sub -panels are separate
than square footage calculations
0 to 100 Amps
$11.00
101 to 400 Amps
$17.60
401 to 600 Amps
$26.40
601 to 1000 Amps
$35.20
Over 1000 Amps
$53.90
Misc. apparatus, Conduit, & Conductors that no other Fee Covers
Above
$21.45
Original Issuance Fee
$10.00
Supplemental Issuance Fee
(only if this is a follow-up to a previous permit)
$5.50
Fees Not Covered Above
Each noncompliance re -inspection needed
$60.00
For construction plan review ( minimum of 1 hour)
$60.00
Inspections Outside Normal Business Hours
$60.00
Inspection for which no fee is detailed above
(Presale, demolition, damage, etc.)
$60.00
Section 6: Commercial Electrical Permit Fees.
Square Footage Fees for New Commercial Construction or Addi-
Recommended
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tions(Per Square Foot Cost)
Fee
Commercial Office Construction
First 25,000 sq. ft.
$0.08
Next 49,999 sq. ft.
$0.07
Next 124,999 sq. ft.
$0.050
Next 299,999 sq. ft.
$0.033
Over 500,000 sq. ft.
$0.0165
Commercial Industrial Construction
First 25,000 sq. ft.
$0.033
Next 49,999 sq. ft.
$0.0165
Next 124,999 sq. ft.
$0.0077
Next 299,999 sq. ft.
$0.00495
Over 500,000 sq. ft.
$0.001 1
Unit Fees for Existing Building Remodels
(Per Unit Fee)
Signs: Free Standing or Building Mounted
First Transformer
$11.00
Additional Transformers
$6.60
Gasoline Pumps and/or Dispensers
$11.00
Swimming Pool, Spa, Hot Tub, Whirlpool
$36.30
Temporary Power & Construction Site Services
$21.45
Temporary Lighting Systems
$21.45
Receptacle, Switch, Light Boxes and Enclosures
First 1 thru 20
$0.77
Number Over 20
$0.33
Lighting Fixtures Only
First 1 thru 20
$0.77
Number Over 20
$0.33
Pole Platform Fixtures
$1.43
Theatrical Lighting Fixtures
$1.43
Appliances and Power Appa-
ratus(rated in) tons of BTU or kil-
owatts, KVA or KVAR or Horse-
power
0 to 1
$7.70
Over 1 to 10
$8.80
Over 10 to 20
$11.00
Over 20 to 30
$15.40
Over 30
$15.40
Extra HP(over 30) each
$0.33
Busway: Enter number of 100 ft. sections or fraction there of
$0.77
Service Fees are Separate From Square Footage Calculations
Above
Main Service Panels and Sub-
Panels
0 to 100 Amps
$11.00
101 to 400 Amps
$17.60
401 to 600 Amps
$26.40
601 to 1000 Amps
$35.20
Over 1000 Amps or 600 Volts
$53.90
Commercial Electrical Permit Fees (Continued').
12
Recommended Fee
Misc. apparatus, Conduit, & Conductors that no other Fee Co-
vers Above
$21.45
Original Issuance Fee
$10.00
12
Supplemental Issuance Fee (only if this is a follow-up to a previ-
ous permit)
$5.50
Fees Not Covered Above
$17.60
Each noncompliance re -inspection needed
$60.00
For construction plan review ( minimum of 1 hour)
$60.00
Inspections Outside Normal Business Hours
$60.00
Inspection for which no fee is detailed above (Presale, demoli-
tion, damage, etc.)
$60.00
Section 7. Other Permit Fees.
Permit Type
Recommended Fee
Demolition Permits
$17.60
One & Two Family Dwellings
$35.20
Commercial
Buildings
One story < 1000 Sq. Ft
$35.20
Each Story 1001 to 3000 Sq. FT.
$41.25
Each Story Over 3000 Sq. FT.
$46.75
Note: Basement counted as a story
Alteration, addition to any system/ductwork
Temporary Sign Permit
Recommended Fee
Temporary Sign Permit
$27.50
Permanent Sign Permit
Recommended Fee
Permanent Sign Permit
$36.30
Section 8. Mechanical Permit Fee.
Mechanical Type of Fixture or Item
Recommended Fee
Floor Furnace, Wall Heater (Including Vent)
$17.60
Unit Heater, Hanging Heaters, Wall Heaters
$17.60
Evaporative Cooler (not portable)
$12.65
Vent Fan
$8.80
Ventilation Systems
$17.60
Equipment not listed/ Temporary Heat
$17.60
Alteration, addition to any system/ductwork
$17.60
Factory Built Fireplace
$12.65
Fireplace Stoves
$12.65
Water Heater (BTU each)
$12.65
Type 1 & 2 Hoods
$21.45
Appliance Vent
$15.40
Forced Air Furnace < or = to 100,000 BTU
$17.60
Forced Air Furnace > or = to 100,000 BTU
$21.45
Boilers, Compressors, Absorption Systems, Refrigera-
tion, RTU, Air Conditioning and Heat Pumps
Up to and include 3HP or 100,000 BTU
$17.60
>3HP to 15HP or 100,000 to 500,000 BTU
$31.90
>15HP to 30HP or 500,00o to 1,000,000 BTU
$42.90
>30HP to 50HP or 1,000,000 to 1,750,000 BTU
$66.00
>50HP or >1,750,000 BTU
$108.90
Air Handling Unit (CFM to 10,000)
$12.65
Air Handling Unit (CFM > 10,000)
$21.45
13
Gas Piping (1 to 5 outlets) Gas Pressure Test
$15.40
Hydronic Piping
$21.45
Ground source systems -horizontal loop or vertical wells
$21.45
Solar Systems: space heat/cool or water heat/processing
$21.45
Issuance Fee
$10.00
Section 9. Plumbing Permit Fee.
Plumbing Type of Fixture or Item
Recommended Fee
Water Closet (Toilet)
$8.80
Bathtub
$8.80
Lavatory (Wash Basin)
$8.80
Shower
$8.80
Kitchen Sink
$8.80
Garbage Disposal
$8.80
Dishwasher
$8.80
Laundry Tray
$8.80
Clothes Washer
$8.80
Urinal
$8.80
Drinking Fountain
$8.80
Service Sink
$8.80
Shampoo Bowl
$8.80
Grease Trap
$8.80
Water Heater
$12.65
Gas Piping (1 to 5 outlets) Gas Pressure Test
$15.40
Gas Piping (>5 outlets per outlet fee)
$3.85
Floor Drain
$8.80
Roof Drain
$12.65
Condensate Drain
$12.65
Vacuum Breaker
$12.65
Backwater Valve
$15.40
Backflow Prevention Device
$15.40
Waste Interceptor
$15.40
Indirect Waste
$15.40
Sewage Ejector
$15.40
Water Distribution Piping
$15.40
Water Treating Equipment
$15.40
Water Service (Main to Property Line)
$15.40
Water Service (Property Line to Building)
$15.40
Sanitary Service (Main to Property Line)
$15.40
Sanitary Service (Property Line to Building
$15.40
Meter
$15.40
Misc.
$15.40
Issuance Fee
$10.00
Plan Review Fee (Minimum 1 Hour) Per Hour Cost
$60.00
Section 10. The foregoing fees shall take effect July 1, 2016.
14
Passed approved and adopted the 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. 28E Agreement - Dubuque Community School District: City Manager recom-
mending approval of a 28E Agreement with Dubuque Community School District for the
construction of public roadway improvements at the intersection of West Locust Street
and Clarke Drive to accommodate proposed campus improvements at Senior High
School. Upon motion the documents were received and filed and Resolution No. 113-16
Approving a 28E Agreement for construction of roadway improvements at West Locust
Street and Clarke Drive between the City of Dubuque, Iowa and Dubuque Community
School District was adopted.
RESOLUTION NO. 113-16
APPROVING A 28E AGREEMENT FOR CONSTRUCTION OF ROADWAY IM-
PROVEMENTS AT WEST LOCUST STREET AND CLARKE DRIVE BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE COMMUNITY SCHOOL DISTRICT
Whereas, the City of Dubuque is party to a 28E Agreement with Dubuque Community
School District for construction of public roadway improvements at West Locust Street
and Clarke Drive dated March 14, 2016; and
Whereas, the City of Dubuque has determined that the project will require certain im-
provements to the public right of way and Dubuque Community School District agrees
that such improvements are reasonable and necessary; and
Whereas, the City of Dubuque has reviewed and approved the preliminary design
and construction plans for said public roadway improvements; and
Whereas, Dubuque Community School District has executed the 28E Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The 28E Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the 28E Agree-
ment on behalf of the City of Dubuque
Passed, approved, and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Signed Contract(s): Swift Water Adventure Tours Docking Agreement for the Port
of Dubuque Marina. Upon motion the documents were received and filed.
21. Improvement Contracts / Performance, Payment and Maintenance Bonds: River
City Paving for the Eagle Point Parking Lot Resurfacing Project. Upon motion the doc-
uments were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chocolaterie
Stam: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Chocolaterie Stam, 269 Main Street.
Upon motion the documents were received, filed and approved.
15
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 114-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 114-16
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Sunday)
Clarke University 1550 Clarke Dr. Class C Liquor (Catering) (Out-
door) (Sunday)
Class B Native Wine (Sunday)
Class C Beer, Class B Wine (Sun-
day)
Class C Liquor (Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Sunday)
Class B Beer (Outdoor) (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Dubuque Arboretum
Dubuque Food Co-op
Heat Billiards & Grill
Kwik Stop 16th Street #325
Lot One
Noonan's tap
Panchero's Mexican Grill
Ron's Five Point Mart
The Olive Garden
Whiskey River
3800 Arboretum Dr.
955 Washington St.
1850 Central Ave.
1210 E 16th Street
100 Main St.
1618 Central Ave.
4840 Asbury Rd.
405 Rhomberg Ave.
3350 Dodge St.
1064 University Ave.
New
Yardarm 1201 Shiras Ave. Class C Liquor (Outdoor) (Sunday)
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16
ITEMS 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 7-0.
1. 2016 Pavement Marking Project: City Manager recommends initiation of the public
bidding procedure for the 2016 Pavement Marking Project, and further recommends
that a public hearing be set for April 18, 2016. Upon motion the documents were re-
ceived and filed and Resolution No. 115-16 Preliminary approval of plans, specifica-
tions, form of contract, and estimated cost; setting date of public hearing on plans, spec-
ifications, form of contract, and estimated cost; and ordering the advertisement for bids
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April
18, 2016 in the Historic Federal Building.
RESOLUTION NO. 115-16
2016 PAVEMENT MARKING PROJECT, PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING
DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 2016
Pavement Marking Project in the estimated amount $143,780.29, are hereby prelimi-
narily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 18th day of April, 2016, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed
plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or es-
timated cost of the Project.
The 2016 Pavement Marking Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 21 st day of April, 2016. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
17
action at 6:30 p.m. on the 2nd day of May, 2016, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Sister City Relationships Advisory Commission — Review: One, 3 -year term
through February 1, 2019 (Vacant term of Zygmont). Applicant: Rachel McDermott,
1007 % W. 3rd St. Ms. McDermott spoke in support of her appointment.
Appointments were made to the following Boards/Commissions.
2. Community Development Advisory Commission — Appointment: One, 3 -year term
through February 15, 2019 (Vacant term of Maloy, At -Large). Applicants: Dean Boles,
1715 Geraldine Dr.; Jay Schiesl, 195 W. 17th St.; Tom Stovall, 3345 Tibey Ct. Upon
roll -call vote (Boles: Buol, Jones, Del Toro, Lynch, Resnick, Connors), (Stovall: Rios),
Dean Boles was appointed to a 3 -year term through February 15, 2019.
3. Housing Commission — Appointment: One, 3 -year term through August 17, 2018
(Vacant term of Foster); Applicant: Janice Craddieth, 1455 Washington St. Motion by
Jones to appoint Ms. Craddieth to a 3 -year term through August 7, 2018. Seconded by
Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1. Old Mill Road Lease Agreement Amendment — David S. Hartig. Jr.: Proof of publi-
cation for notice of public hearing to consider an amended and restated lease agree-
ment with David S. Hartig, Jr., with respect to City -owned residential and commercial
properties on Old Mill Road and the City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 116-16 Disposing
of an interest in real property by lease with David S. Hartig, Jr. Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 116-16
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S.
HARTIG, JR.
Whereas, the City of Dubuque, Iowa is the owner of the following properties:
Lot 1-1-2-1 Mineral Lot 507
18
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501;
and City leased all of the aforesaid real property to David S. Hartig, Jr. pursuant to
Lease Agreement recorded on February 19, 2004 as Instrument 2539-04, records of
Dubuque County, which Lease Agreement as so recorded was approved by City of
Dubuque Resolution No. 77-04 on February 16, 2004; and
Whereas, David S. Hartig, Jr. (Hartig) proposes to amend the Lease of such City
property on the terms set forth in the form of the Amended and Restated Lease Agree-
ment attached, with all revisions or substitutions appearing in italics; and
Whereas, on April 4, 2016, the City Council pursuant to Notice published as required
by law held a public hearing on the matter of amending the aforesaid Lease and over-
ruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
Amended and Restated Lease Agreement for the City property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amended Lease Agreement in the form attached hereto is hereby ap-
proved.
Section 2. The Mayor is hereby authorized and directed to execute the Lease
Agreement.
Section 3. The City Clerk is hereby authorized and directed to cause this Resolution
to be recorded with the Dubuque County Recorder.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Grant of Easement for Ingress and Egress Across City -Owned Property - Manson
Road: Proof of publication for notice of public hearing to consider approval of a request
from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an ease-
ment across a portion City -owned property to access their property, Lot 1 of McNamer
Acres No. 4, from the Manson Road Right -of -Way and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No.
117-16 Disposing of City interest by Grant of Easement for Ingress and Egress to Nan-
cy A. Comer McNamer and Martin J. McNamer across a portion of Lot 1-2-1-1-1-1-1-1-
2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque; and
Resolution No. 118-16 Granting Easement for Ingress and Egress to Nancy A. Comer
McNamer and Martin J. McNamer across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot
2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque. Seconded by Resnick.
Motion carried 7-0.
19
RESOLUTION NO. 117-16
DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR INGRESS AND
EGRESS TO NANCY A. COMER MCNAMER AND MARTIN J. MCNAMER ACROSS
A PORTION OF LOT 1-2-1-1-1-1-1-1-2-1-4 AND LOT 2-2-1-1-1-1-1-1-2-1-4 OF MIN-
ERAL LOT 501, IN THE CITY OF DUBUQUE
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 18th day of March, 2016, the City Council of the City of
Dubuque, Iowa met on the 4th day of April, 2016, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of
easement described as:
A portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot
501, in the City of Dubuque for the purpose of accessing Lot 1 of McNamer Acres
No. 4 from the Manson Road Right of Way, in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Easement by the City of Dubuque across a portion of Lot
1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of
Dubuque for ingress and egress, be and the same is hereby approved, contingent on
the paying platting fees.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of this
same described area for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of Ease-
ment for Ingress and Egress and the City Clerk be and is hereby authorized and di-
rected to deliver said Grant of Easement to upon receipt of any required platting fees.
Section 4. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Easement for Ingress and Egress in the office of the
Dubuque County Recorder.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO.118-16
GRANTING EASEMENT FOR INGRESS AND EGRESS TO NANCY A. COMER
MCNAMER AND MARTIN J. MCNAMER ACROSS A PORTION OF LOT 1-2-1-1-1-1-
1-1-2-1-4 AND LOT 2-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501, IN THE CITY OF
DUBUQUE
Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a
"Grant of Easement" for Ingress and Egress across a portion of Lot 1-2-1-1-1-1-1-1-2-1-
4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, for the pur-
pose of accessing their property, Lot 1 of McNamer Acres No. 4, from the Manson Road
Right of Way; and
20
Whereas, Buesing and Associates has prepared and submitted to the City Council an
exhibit showing the portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of
Mineral Lot 501, in the City of Dubuque proposed for the ingress and egress easement;
and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por-
tion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501 can
be utilized for this ingress and egress easement, as shown on the Exhibit A, in the City
of Dubuque, Dubuque County, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for Ingress and Egress to Nancy A. Comer
McNamer and Martin J. McNamer be and the same is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension Pro-
ject: Proof of publication for notice of public hearing to consider approval of plans, speci-
fications, form of contract, and estimated cost for the Dubuque Industrial Center South,
Building Pad 1 Sanitary Sewer Extension Project and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution
No. 119-16 Approval of plans, specifications, form of contract, and estimated cost for
the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 119-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1
SANITARY SEWER EXTENSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project, in
the estimated amount $171,104.22, are hereby approved.
Passed, adopted and approved this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project: Proof
of publication for notice of public hearing to consider approval of plans, specifications,
form of contract, and estimated cost for the FY16 Sewershed 7, 11 and 12 Sanitary
Sewer Manhole Project and the City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 120-16 Approval of
plans, specifications, form of contract, and estimated cost for the FY16 Sewershed 7,
11, and 12 Sanitary Sewer Manhole Project. Seconded by Resnick. Motion carried 7-0.
21
RESOLUTION NO. 120-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE FY16 SEWERSHED 7, 11 and 12 SANITARY SEWER MAN-
HOLE PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, in the estimated
amount $118,816.39, are hereby approved.
Passed, adopted and approved this 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Code of Ordinances Title 6 - Adopting the International Property Maintenance
Code (2nd Reading): City Manager recommending adoption of the International Property
Maintenance Code to replace the City's existing Housing Code and used for the rental
inspection program. Correspondence from Behr's Funeral Home, the Downtown Neigh-
borhood and Historic Bluffs Neighborhood Associations, Mary Gotz, and Terry Mozena
regarding adoption of the International Property Maintenance 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 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 8-16 Repeal-
ing Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other ordi-
nances or parts of laws in conflict therewith; adopting the 2015 Edition of the Interna-
tional Property Maintenance Code, regulating and governing the conditions and mainte-
nance of all property, buildings, and structures; by providing the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the condemnation of
buildings and structures unfit for human occupancy and use, and the demolition of such
existing structure in the City of Dubuque; providing for the issuance of permits and col-
lection of fees therefor; and adopting a new Article within Title 14, Chapter 1 as Article
J. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-16
REPEALING TITLE 6, CHAPTER 6 OF THE CITY OF DUBUQUE CODE OF ORDI-
NANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT
THEREWITH; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL PROPER-
TY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS
AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES; BY
22
PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND
OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT
STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE;
AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HU-
MAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING
STRUCTURE IN THE CITY OF DUBUQUE; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFOR; AND ADOPTING A NEW AR-
TICLE WITHIN TITLE 14, CHAPTER 1 AS ARTICLE J
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. That the current Title 6, Chapter 6 of the City of Dubuque Code of Ordi-
nances and all other ordinances or parts of laws in conflict herewith are hereby re-
pealed.
Section 2. Section 14-1 J-1 of the City of Dubuque Code of Ordinances will read as
follows:
14-1 J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED:
That a certain document, copies of which are on file in the office of the Building Ser-
vices Department and Housing and Community Development Department, being
marked and designated as the International Property Maintenance Code, 2015 edi-
tion, as published by the International Code Council, be and is hereby adopted as
the Property Maintenance Code of the City of Dubuque as Title 14, Chapter 1, Arti-
cle J, in the State of Iowa for regulating and governing the conditions and mainte-
nance of all property, buildings and structures; by providing the standards for sup-
plied utilities and facilities and other physical things and conditions essential to en-
sure that structures are safe, sanitary and fit for occupation and use; and the con-
demnation of buildings and structures unfit for human occupancy and use, and the
demolition of such existing structures as herein provided; providing for the issuance
of permits and collection of fees therefor; and each and all of the regulations, provi-
sions, penalties, conditions and terms of said Property Maintenance Code on file in
the offices of the Building Services and Housing and Community Development De-
partments are hereby referred to, adopted, and made a part hereof, as if fully set
out in this legislation, with the additions, insertions, deletions and changes, if any,
prescribed in Section 3 of this ordinance.
Section 3. Section 14-1 J-2 of the City of Dubuque Code of Ordinances will read as
follows:
Section 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE
AMENDMENTS:
The following additions, deletions, modifications, or amendments of the Interna-
tional Property Maintenance Code, 2015 edition, adopted in Section 14-1J-1 of this
article to read as follows:
Section 101.1. Insert: City of Dubuque
Section 103.5. Fees. Amended to read:
103.5. Fees. The fees for activities and services performed by the Housing and
Community Development Department and Building Services Department will be es-
tablished by resolution of the City Council.
Section 104.2. Inspections. Amended to read:
23
104.2. Inspections.
A. The code official shall make all of the required inspections, or shall accept re-
ports of inspection by approved agencies or individuals. Reports of such inspec-
tions shall be in writing and be certified by a responsible officer of such ap-
proved agency or by the responsible individual. The code official is authorized
to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the appointing authority.
B. Required inspections:
1. When requested and approved by the property owner, manager, licensed re-
al estate professional, or occupant; or
2. When the city manager has reason to believe there is a violation of the Prop-
erty Maintenance Code; or
3. When, upon inspection, a violation of the Property Maintenance Code is
found, and notice and order to correct is given, the premises is subject to re-
inspection to determine if the required corrections have been made; or
4. When the premises is located in any area designated by the city for compre-
hensive block enforcement of the Property Maintenance Code; or
5. Presale and/or mortgage inspection: Whenever a person requests presale,
pre -loan or other housing inspection; or
6. Licensed rental units:
a. All rental units are subject to regular inspection and follow up re -inspection
as necessary.
b. Not less than seven (7) calendar days prior to a scheduled inspection, the
city will by regular mail to the license holder and any known tenants notice
of the date and time of a scheduled inspection. If the license holder or an
authorized representative of the license holder is not present at the time of
the scheduled inspection and the inspector is unable to obtain entry to the
rental unit, a second inspection will be scheduled.
(1) The license holder may cancel a scheduled inspection once without
payment of a rescheduling fee, provided the city manager or the city
manager's designee is notified of the cancellation not less than two (2)
business days prior to the scheduled inspection.
Section 106.2. Notice of violation. Amended to read:
106.2. Notice of violation. The code official shall serve a notice of violation or order
in accordance with Section 107. This section does not impose a duty to initially
charge all municipal infractions upon simple notice of violation.
Section 111.1. Application for appeal. Amended to read as follows:
111.1. Application for appeal.
A. Any person directly affected by a decision of the code official or a notice or or-
der issued under this code shall have the right to appeal to the applicable board
of appeals, provided a written application for appeal is filed within 20 days after
the day the decision, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this code do not
fully apply, or the requirements of this code are adequately satisfied by other
means.
24
B. There will be two boards for hearing appeals on matters covered by the Proper-
ty Maintenance Code.
1. The Housing Board of Appeals will hear appeals related to matters under the
purview of the Housing & Community Development Department, including
but not limited to residential property and rental housing. The Housing Board
of Appeals will use the Property Maintenance Code provisions for the han-
dling of appeals.
2. The Building Code Advisory and Appeal Board will hear appeals related to
matters under the purview of the Building Services Department including, but
not limited to residential, multi -residential, commercial, and industrial proper-
ty. The Building Code Advisory and Appeal Board will use the provisions of
14-1A-6 for the handling of appeals.
Section 111.2. Membership of board. Amended to read as follows:
111.2. Membership of board.
A. The Housing Board of Appeal will be comprised of five (5) residents of the city
appointed by the City Council for terms of three (3) years or until such mem-
ber's successor is appointed and qualified. Vacancies must be filled in the same
manner as original appointments. Reasonable efforts should be made to obtain
representation of both tenants and landlords.
B. The Building Code Advisory and Appeal Board membership will be in accord-
ance with 14-1 A-6 of the City of Dubuque Code of Ordinances.
Section 111.2.1. Alternate members. Deleted.
Section 111.2.5. Compensation of members. Deleted.
Section 111.3. Notice of meeting. Amended to read:
111.3. Notice of meeting. The board shall meet upon notice from the chairman,
within sixty (60) days of the filing of an appeal, or at stated periodic meetings.
Section 111.4. Open hearing. Amended to read:
111.4. Open hearing.
A. Hearings before the board shall be open to the public and in compliance with
the provisions of the Iowa open meetings law.
B. The appellant, the appellant's representative, the code official and any person
whose interests are affected shall be given an opportunity to be heard.
Section 111.4.1. Procedure. Amended to read:
111.4.1. Procedure.
A. The board shall adopt and make available to the public through the secretary
procedures under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate that only rel-
evant information be received.
B. A quorum shall consist of a minimum of two-thirds of the board membership.
C. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced.
The attendance of all members shall be entered upon the minutes of all meet-
ings.
25
D. The city manager shall file with the city clerk a copy of the minutes of each
meeting of the board within ten (10) working days after each such meeting.
E. All administrative, personnel, accounting, budgetary and procurement policies
of the city shall govern the housing board of appeals in its operations.
F. Removal: Except as provided in subsection 4 of this section, the city council
may remove any member for good cause
Section 111.5. Postponed hearing. Amended to read:
111.5. Postponed hearing. Either the city or the appellant may request a post-
ponement of a hearing subject to the approval of the code official. In no event may
a postponement exceed ninety (90) days beyond the date of the appeal.
Section 111.6. Board Decision. Amended to read:
111.6. Board Decision. The board may, by majority vote, affirm, modify or reverse
the decision of the code official.
A. Modification of deadline. The Housing Board of Appeals may not approve an
extension of a deadline which exceeds nine (9) months from the date of the no-
tice of violation. Conditions under which a deadline will be extended must be in
writing and on file in the Housing & Community Development Department.
B. Modification to allow variance: Conditions under which a variance will be grant-
ed must be in writing and on file in the Housing & Community Development De-
partment.
Section 111.8. Stays of Enforcement. Deleted.
Section 112.4. Failure to comply. Amended to read:
112.4. Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable in accordance
with Section 1-4-2 of the City of Dubuque Code of Ordinances.
Section 202. Definitions. Amended to add definitions for Elevated Blood Level and
Lead Based Pain and modify the definition of habitable space:
ELEVATED BLOOD LEVEL: A confirmed concentration of lead in whole blood of
20 .g/dI (micrograms of lead per deciliter of whole blood) or greater for a single
test; or of 15-19 .g/dI in two (2) consecutive tests three (3) to four (4) months
apart.
HABITABLE SPACE: Space in a structure for living, sleeping, or eating. Bath-
rooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas
are not considered habitable spaces.
LEAD BASED PAINT: A paint surface, whether or not defective, identified as hav-
ing a lead content greater than or equal to one mg/cm2 (milligrams per centime-
ter squared) as identified by X-ray fluorescence analyzer; or five tenths percent
(0.5%) by weight; or five thousand (5,000) parts per million (ppm).
Section 302.3. Sidewalks and driveways. Amended to read:
302.3. Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking
spaces and similar areas shall be maintained in accordance with Title 10, Chapter
1 of the City of Dubuque Code of Ordinances and the City of Dubuque's standards
for defective sidewalks.
Section 302.4. Weeds. Amended to read:
26
302.4. Weeds. Premises and exterior property shall be maintained in accordance
with Section 6-8-2 of the City of Dubuque Code of Ordinances.
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease
agreement, in certain circumstances, with a tenant for maintenance in which case a
tenant will be responsible for complying with Section 6-8-2. City will provide a lease ad-
dendum documenting the agreement for use by landlords. If a landlord prefers to use a
different form, upon request of the City a landlord must provide a copy of the written
lease agreement to the code official.
Section 302.8. Motor vehicles. Amended to read:
302.8. Motor vehicles. See Sections 16-7-1-3 and 16-14-5 of the City of Dubuque
Code of Ordinances.
Section 304.2. Protective treatment. Amended to read:
304.2. Protective treatment. Exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks and fences,
shall be maintained in good condition. Exterior wood surfaces, other than decay -
resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. Siding and masonry joints, as well as those be-
tween the building envelope and the perimeter of windows, doors and skylights,
shall be maintained weather resistant and water tight. Metal surfaces subject to
rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains
and rust shall be removed from exterior surfaces when oxidation stains or rust
compromises the function of the building component to perform as designed. Sur-
faces designed for stabilization by oxidation are exempt from this requirement.
Section 304.3. Address Identification. Amended to add:
Exception: The Fire Official may approve nonconforming address identification.
Section 304.14. Insect screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit or house-
keeping unit that is rented, leased or let shall be equipped with a lock designed to
be readily openable from the side from which egress is to be made without the
need for keys, special knowledge or effort. Such locks shall be installed according
to the manufacturer's specifications and maintained in good working order.
Section 305.3. Interior surfaces. Amended to read:
305.3. Interior surfaces.
A. Interior surfaces, including windows and doors, shall be maintained in good,
clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint
shall be repaired, removed or covered. Cracked or loose plaster, decayed wood
and other defective surface conditions shall be corrected.
B. All residential properties receiving federal assistance must be in compliance
with the Lead Safe Housing Rule at 24 CFR 35 and the Lead Based Paint Poi-
soning Prevention Act at 42 USC 4822. The owner of federally assisted units
must provide certification that the dwelling is in accordance with said regula-
tions. If the federally assisted unit was constructed prior to 1978, upon occu-
pancy a notice must be provided which outlines the lead based paint regula-
27
tions, the hazards of lead based paint poisoning, the symptoms and treatment
of lead poisoning, and the precautions to be taken against lead poisoning.
C. All residential property must comply with the Residential Lead -Based Paint
Hazard Reduction Act of 1992, requiring the disclosure of known information on
lead-based paint and lead-based paint hazards before the sale or lease of cer-
tain housing built before 1978.
Section 308.2.1. Rubbish storage facilities. Amended to add:
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease
agreement, in certain circumstances, with a tenant for maintenance in which case a
tenant will be responsible for compliance with this provision. City will provide a lease
addendum documenting the agreement for use by landlords. If a landlord prefers to use
a different form, upon request of the City a landlord must provide a copy of the written
lease agreement to the code official.
Section 404.4.2. Deleted.
Section 404.4.3. Water closet accessibility. Amended to read as follows:
404.4.3. Water closet accessibility. Every bedroom in a dwelling unit shall have
access to not less than one water closet and lavatory located in the same story as
the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15
Section 602.4. Occupiable work spaces. Insert: September 15 to May 15
Section 602.5. Room temperature measurement. Amended to read:
602.5. Room temperature measurement. The required room temperatures shall be
measured three (3) feet above the floor, at the inside wall.
Section 605.2. Receptacles. Amended to add:
Exception: In lieu of every habitable space in a dwelling containing two separate and
remote receptacle outlets, one receptacle and a separate permanently installed light fix-
ture is allowable.
Appendix A: Deleted.
Section 4. 14-1 J-3 of the City of Dubuque Code of Ordinances will read:
14-1J-3: RENTAL LICENSES
A. Rental License Required: No property owner, manager, or licensed real estate
professional may let to another for rent and/or occupancy any dwelling, dwelling
unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as de-
fined by the Property Maintenance Code and hereinafter cumulatively referred
to as "rental unit" in the city unless such person holds a current rental license
issued by the city manager in the name of the property owner, manager, or li-
censed real estate professional for the specific rental unit.
B. Application Requirements: Completion of a rental license application must be
made by the property owner, manager, or licensed real estate professional and
must including, but not limited to the following information:
1. Address of the rental unit(s), including correct unit identifications
2. Number and type of rental units in the structure
3. Owner's Name and contact information, including
a. Mailing address
b. Telephone number during normal business hours
c. Telephone number in the event of an emergency
28
d. Email address, if available
4. If the property owner has retained a property manager the property owner
must provide the following information:
a. Property manager's name
b. Property manager's mailing address
c. Property manager's telephone number during normal business hours
d. Property manager's telephone number in the event of an emergency
e. Property manager's email address, if applicable
f. A statement that the property manager or real estate professional has the
same authority and responsibility as the property owner for maintaining
the rental unit(s).
5. The property owner, manager, or licensed real estate professional must des-
ignate a responsible agent to represent the property owner, manager, or li-
censed real estate professional whenever the property owner, manager, or
licensed real estate professional is not available for maintenance of the
dwelling for which a license is sought. The agent must have the same author-
ity and responsibility as the property owner for maintaining the rental unit(s).
C. Duty to report changes. The property owner or registered manager or real es-
tate professional is responsible to inform the City of any subsequent changes to
any information on the rental license application which has changed at the time
of such changes, any at any time changes occur after the initial registration.
D. Rental License Fees: The City Council, by resolution, establishes a fee sched-
ule to defray the costs of inspections, enforcement, and administration of the
provisions of this code.
E. Rental license term.
1. Rental licenses will be issued for a term of one year. A rental license issued
during the course of the year will be put on the standard cycle for rental li-
cense expiration which may result in a prorated rental license term of less
than one year.
2. If a property owner, manager, or licensed real estate professional is desig-
nated a priority category under section 14-1J-4 of this chapter, the city man-
ager may reduce the term of the rental license from an annual license to a
quarterly license until such time as the priority category has gone twelve (12)
consecutive months without a violation which would qualify the individual for
priority category status.
F. Annual license renewal.
1. Rental licenses must be renewed annually, upon notice issued by the city
manager to the property owner or registered manager or licensed real estate
professional holding the rental license(s).
2. Application for renewal of a rental license may be made within sixty (60) days
prior to the expiration of an existing rental license.
3. Application for renewal of rental licenses will be sent at the beginning of each
calendar year and must be remitted within sixty (60) days.
G. Renewal fees due. Renewal fees will be invoiced at the beginning of each cal-
endar year and must be remitted within sixty (60) days. Failure to pay required
fees is a violation of this code and may result in monetary penalties, license
29
suspension, license revocation, issuance of a notice to vacate to tenants,
and/or issuance of municipal infractions.
H. Rental license not transferable. Rental licenses are not transferable from one
property to another. Rental licenses are not transferrable from one owner to an-
other in the event of property sale. It is the responsibility of the property owner,
manager, or licensed real estate professional holding a rental license to provide
the city manager written notice, within five (5) working days, of transferring or
otherwise disposing of ownership or control of the property. The notice must in-
clude the available information on the buyer. It is the responsibility of the prop-
erty buyer to license the property in his/her name or company name.
I. Conditions of rental licenses: The city manager is hereby authorized to issue and
renew a rental licenses in the name of the applicant property owner, manager,
or licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty. The rental unit is warranted by the
property owner, manager, or licensed real estate professional to substantially
comply with the Property Maintenance Code.
2. Fees. All fees required pursuant to the issuance of a rental license are paid in
full to the city.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful Rental
Property Management class (the Program) or a program of continuing ed-
ucation approved by the city manager.
b. Until such time as the property owner or manager has completed the pro-
gram or an equivalent program of continuing education approved by the
city manager, only a temporary rental license may be issued.
c. A property owner or manager who has completed the program since 2000
according to the city's records, or who can provide other proof of comple-
tion, will be exempted from this requirement.
d. Licensed real estate professionals are exempted from the crime free multi-
housing program attendance requirement.
e. The city manager may waive the Program requirement upon the submis-
sion of a written request by a property owner, manager, or licensed real
estate professional and after finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designation or any
founded code violations within the previous twelve (12) months; and
(3) A waiver will not provide the property owner with an unfair advantage
in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees
to conduct background checks for all prospective tenants whose tenancy
commences on or after July 1, 2011. A background check may be per-
formed using the city's free background check service or by another back-
ground check service approved by the city manager.
30
b. The city manager may waive the criminal background check requirement
upon the submission of a written request by a property owner, manager,
or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designation or any
founded code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
J. Suspension and Revocation of rental license.
1. The city manager may, for good cause, suspend or revoke a rental license
for a rental unit, and in the case of a multi-family dwelling, suspend the li-
cense as to one or more rental units for a period not to exceed one year for
any of the following:
a. Conviction or judgment of the licensee for violation of any provision of the
Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the application for
a rental license;
c. Refusal by the licensee to permit inspection of the licensed rental unit(s)
by authorized city personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management class; or
f. Failure to perform a required criminal background check on an applicant for
tenancy after July 1, 2011.
g. Failure of a priority category to comply with an inspection schedule or pay
inspection fees. Tenants will be relocated from the rental unit at the priority
category's expense.
2. Prior to any suspension or revocation under this subsection, the city manager
must give notice in writing to the property owner, manager, or licensed real
estate professional and provide for an opportunity to appeal.
3. During the period of revocation or suspension, a unit for which the rental li-
cense was suspended or revoked may not be relicensed.
4. The city manager shall cause to be issued to the licensee a notice that the li-
cense is suspended or revoked, setting forth the reason(s) therefor. The no-
tice shall be sent by certified United States mail to the licensee at the ad-
dress on file with the city manager.
5. Appeal. The licensee may appeal the decision of the city manager to the
housing code appeals board. An appeal must be filed, in writing, within twen-
ty (20) days from the date of the notice of suspension or revocation.
6. Upon suspension or revocation the city manager must give written notice of
the suspension or revocation of the license to each tenant, requiring the ten-
ant to vacate the premises within a time frame determined by the city man-
ager. Any tenant who fails to vacate the premises after such time shall be
subject to penalties under Title 1, Chapter 4 of the city code.
K. Relationship of rental license to other codes: The issuance of a rental license
for a rental unit does not in any way signify or imply the rental unit conforms
with Iowa law or the city code, nor does the issuance of a license relieve the
31
property owner, manager, or licensed real estate professional of the responsibil-
ity for compliance with applicable Iowa law and the city code.
Section 5. Section 14-1J-4 of the City of Dubuque Code of Ordinances will read:
14-1 J-4: PRIORITY CATEGORY:
A. Priority Category Designated: The city manager may designate a property own-
er, manager, or licensed real estate professional a priority category for purpos-
es of the housing code if three (3) times within a period of twelve (12) consecu-
tive months the property owner, manager, or licensed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with housing code orders in excess of ninety (90) days with-
out either an extension of time or variance from the housing code appeals
board or good faith progress as determined by the city manager;
4. Fails to perform a mandated criminal background check on a tenant; or
5. Receives a citation for a housing code violation.
B. Notice Of Priority Category Status: Whenever the city manager designates a
property owner, manager, or licensed real estate professional to be a priority
category under subsection A of this section, the city manager must give notice
of the designation to the property owner, manager, or licensed real estate pro-
fessional responsible. Each notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner, manager, or
licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real estate profes-
sional by delivering the same at the property owner, manager, or licensed
real estate professional's residence, office, or place of business in person or
by mailing by certified mail or regular mail to such address. All such mail
must bear indicia requesting return to sender or forwarding address if not de-
liverable as addressed; and
4. Contain a statement that:
a. The property owner, manager, or licensed real estate professional may
appeal from the notice of the city manager to the housing code appeals
board;
b. An appeal must be made in writing and filed with the city manager within
twenty (20) days from the date of service of the designation notice; and
c. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and imposi-
tion of fines and penalties for housing code violations.
Section 6. Section 14-1J-5 of the City of Dubuque Code of Ordinances will read:
14-1J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STA-
TUS:
A. Notice Of Appeal: A property owner, manager, or licensed real estate profes-
sional designated a priority category by the city manager under section 14-1J-4
of this chapter may appeal to the housing code appeals board for a reconsider-
ation of such status. An appeal must be filed in writing within twenty (20) days
32
of the notice of designation as a priority category. The notice of appeal must in-
clude the following:
1. Name and address of the appellant;
2. A brief statement in ordinary and concise language of any material facts
claimed to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the relief sought, and
the reasons why it is claimed the order appealed from should be reversed;
and
4. The signature of the appellant and the appellant's mailing address.
B. Appeal Filing Fee: At the time of filing the notice of appeal, the appellant must
pay therewith a filing fee in an amount set by the city manager. If the board re-
verses the designation, the fee will be fully refunded.
C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this sec-
tion, the chairperson of the board must fix a date, time, and place for hearing
the appeal, within sixty (60) days from the date the appeal, unless agreed upon
by the appellant and city. Written notice of the time and place of the hearing
must be given at least ten (10) days prior to the date of the hearing to the appel-
lant either by causing a copy of such notice to be personally delivered to the
appellant or by mailing a copy thereof to the appellant's address shown on the
notice of appeal.
D. Waiver: The failure to file a notice of appeal in accordance with this section
constitutes a waiver of the appeal.
E. Appeals Process: The Housing Board of Appeals shall adopt and make availa-
ble to the public through the secretary procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict rules of evi-
dence, but shall mandate that only relevant information be received.
F. Appeals Board Action: Following the hearing, the housing code appeals board
may, by a majority vote, affirm the designation or reverse the designation.
Section 7. Section 14-1 J-6 of the City of Dubuque Code of Ordinances will read as
follows:
14-1J-6: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY:
The city manager or the city manager's designee may order the inspection of any or
all properties owned or managed by a priority category. The fee for such inspection will
be as set by the city manager. The properties may be put on an accelerated inspection
schedule by the city manager or the city manager's designee. If a priority category fails
to comply with an inspection schedule or pay any inspection fee, the rental license may
be suspended or revoked and the tenants relocated from the unit at the priority catego-
ry's expense.
Section 8. That if any section, subsection, sentence, clause or phrase of this legisla-
tion is, for any reason, held to be unconstitutional, such decision shall not affect the va-
lidity of the remaining portions of this ordinance. The City of Dubuque hereby declares
that it would have passed this law, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Section 9. That nothing in this legislation or in the Property Maintenance Code here-
by adopted shall be construed to affect any suit or proceeding impending in any court,
33
or any rights acquired, or liability incurred, or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed as cited in Section 4 of this law;
nor shall any just or legal right or remedy of any character be lost, impaired or affected
by this legislation.
Section 10. That the City Clerk is hereby ordered and directed to cause this legisla-
tion to be published.
Section 11. That this law and the rules, regulations, provisions, requirements, orders
and matters established and adopted hereby shall take effect and be in full force and
effect on July 1, 2016.
Passed, approved, and adopted this 4th day of April, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of April, 2016.
/s/Kevin S. Firnstahl, City Clerk
2. Fiscal Year 16 Sewershed 5 Manhole Project Award: City Manager recommending
award of the construction contract for the FY16 Sewershed 5 Sanitary Sewer Manhole
Project to the low bidder McDermott Excavating. Motion by Lynch to receive and file the
documents and adopt Resolution No. 121-16 Awarding public improvement contract for
the FY16 Sewershed 5 Sanitary Sewer Manhole Project. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 121-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FY16 SEWERSHED 5
SANITARY SEWER MANHOLE PROJECT
Whereas, sealed proposals have been submitted by contractors for the FY16 Sew-
ershed 5 Sanitary Sewer Manhole Project, (the Project) pursuant to Resolution No. 65-
16 and Notice to Bidders published in a newspaper published in the City of Dubuque,
Iowa on the 11th day of March, 2016; and
Whereas, said sealed proposals were opened and read on the 24th day of March,
2016 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a
bid in the amount of $48,224.00 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:
That a Public Improvement Contract for the Project is hereby awarded to McDermott
Excavating 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 4th day of April, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Placement of Public Input on City Council Agenda: City Attorney and City Clerk
submitting information for City Council discussion about the placement of the Public In-
put section on the City Council agenda. Motion by Connors to receive and file the doc-
uments and have discussion. Seconded by Resnick. Mayor Buol asked that the discus -
34
sion lead to final wording of a motion. Discussion centered around placing public input
before or after other agenda categories; establishing a maximum time for the entire sec-
tion as well as a time limit for individual comment; if comments would be allowed on Ac-
tion Agenda Items, all items and/or items not on the evening's agenda; consideration of
Council Members' and citizens' work schedules; and consider adjusting the start time of
regular sessions of the Council to 6:00 p.m. Staff was asked to draft two amendments
that would allow Council to discuss adjusting the meeting start time separate from the
public input item.
Restated motion by Connors for staff to draft two amendments to the City of Dubuque
Code of Ordinances; One to place public input at the podium after the Public Hearing
section of the Council agenda for input on Action Agenda items or other non-
agenda/City Council business topics to exclude Consent and Public Hearing items with
a five-minute time limit on individual comments for a combined maximum of 30 minutes
for all comments; and a second amendment adjusting the start time of the Council's
regular sessions to 6:00 p.m. Seconded by Resnick. Motion carried 7-0.
4. Request for Work Session - Skills Gap Report: City Manager recommending the
City Council schedule a work session for Monday, May 2, 2016 at 5:30 p.m. for Greater
Dubuque Development Corporation President & CEO Rick Dickinson to give a presen-
tation on the Skills Gap Report. Motion by Connors to receive and file the documents
and set the work session as recommended. Seconded by Jones. Motion carried 7-0.
5. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour:
City Manager recommending the City Council schedule a work session/walking tour of
the Bee Branch Creek Restoration Project for Monday, May 9, 2016 beginning at 5:30
p.m. at the parking lot at Garfield Avenue and Pine Street. Motion by Connors to receive
and file the documents and set the work session as recommended. Seconded by Del
Toro. Council was reminded that May 9 is not a regular Council meeting night. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the Mississippi River Cities and Towns Initiative White House
Water Summit he attended in Washington D.C. March 7-10, 2016 noting topics around
national and regional water issues.
PUBLIC INPUT
Larry Regan of Al Taxi, Brett Hahlen of #1 Green Cab and Mark Lightcap of Starlight
Taxi expressed their concerns with UBER potentially doing business in Dubuque and
what they perceived as possible disparities between the local taxi companies and UBER
citing driver/company licensing, driver background checks, insurance requirements, rid-
ership coverage and community connections. Mayor Buol asked that the speakers pro-
vide information to the City Clerk to be included with information coming from staff for
Council review.
35
CLOSED SESSION
Mayor Buol stated for the record that the attorney who will consult with the City
Council on the issues to be discussed in closed session is Assistant City Attorney Cren-
na Brumwell.
Motion by Jones to convene in closed session at 7:35 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Resnick. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:45 p.m. stating that
staff had reported an update to City Council.
There being no further business, upon motion the City Council adjourned at 7:46 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
36