6 20 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 3016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors (via telephone), Del Toro, Jones,
Lynch, Rios; City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Resnick
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)
Northeast Iowa Community College (NICC) 50th Anniversary was accepted by NICC
President Dr. Liang Chee Wee and Board of Trustees Member Dan White.
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 6-0.
1. Minutes and Reports Submitted: Cable TV Commission of 6/8; City Council Pro-
ceedings of 6/6; Civil Service Commission 6/2; Housing Trust Fund Commission 6/1;
Historic Preservation Commission 5/19; Library Board of Trustees Update 5/26; Long
Range Planning Commission 5/19; Parks and Recreation Commission 5/10; Zoning Ad-
visory Commission 6/1; Zoning Board of Adjustments 5/26; Proof of Publication for City
Council Proceedings of 5/16, 5/23 5/31; Proof of Publication for Delinquent Water, Sew-
er, Refuse and Stormwater Collection Accounts of 5/20, 5/27, 6/3; Proof of Publication
for List of Claims and Summary of Revenues for Month Ending 4/30. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Interstate Power and Light Company for property dam-
age; Jerrod Wernimont for property damage. Upon motion the documents were re-
ceived, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Interstate Power for property damage; Jerrod Wernimont for property
damage. Upon motion the documents were received, filed and concurred.
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4. University of Iowa Recognizes City Attorney Barry Lindahl: City Manager transmit-
ting the University of Iowa College of Law 150 People that recognizes City Attorney Bar-
ry Lindahl. Upon motion the document was received and filed.
5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified lists for the positions of Bus Operator, Landfill Equipment Operator, Police Of-
ficer and Traffic Signal Technician II. Upon motion the documents were received, filed
and made a Matter of Record.
June 2, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Bus Operator was administered on August 19, 2014. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be filled from this list and that this list will expire on November 30, 2016.
Bus Operator
1t
Chris Cullen
11
Robert Meloy
2
Steven Jochum
12
t
Michael Feltes
3
Justin Licht
13
Steven Ough
4
+ Mark Pillard
14
+ Lawrence Brooks
5
+ Ann Skemp
15
+ Jason Hardtke
6
: Clay Wilwert
16
: James Poll
7
Paul Bartlett
17
Barry Gibson
8
+ David Hanson
18
+ Robert Grant
9
1 Eugene Hohmann
191
Mark Welbes
10
Douglas Kuehn
20
Linda Langkamp
Eligible Employee:
Joyce Lucas
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of
of Landfill Equipment Operator was administered
that the individuals listed below have passed this
for this position should be made from this list and
from above date.
Landfill Equipment Operator
1 Mark Meyer 9
2 Daniel Petersen 10
3 Nicholas McLaughlin 11
4 Tim Neuhaus 12
William Ganson
Chase Kieffer
John Kirk
Drew Noel
2
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
June 2, 2016
Iowa, an examination for the position
on April 5, 2016. We hereby certify
written examination and the vacancy
that this list is good for two (2) years
5 Daniel Waller
6 Robert Barry
7 F. Michael Gruber
8 Jeffery Davis, Jr.
13 Christopher Leppert
14 Kevin Merkes
15 Troy Kapparos
16 Brad Pettigout
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
June 2, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Police Officer was administered on March 5, 2016. We hereby certify that the individ-
uals listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good until April 30, 2017.
Police Officer
1 Molly Kuhn 21 Joel Dronebarger
2 Matthew Goedken 22 Tyler Henning
3 Ross Salwolke, Jr. 23 Kyle Halverson
4 Dylan Doerges 24 Calvin Harridge
5 Evan Armour 25 Daniel Thoma
6 Taylor Hasken 26 Nathaniel Lech
7 Austin Jacobi 27 Joshua Besick
8 Khiry Loyd 28 Luke Hoerner
9 Peter Fleming 29 Nathan Kennicker
10 Ethan Lembke 30 Deavon Richards
11 Benjamin Baskerville 31 Blake Gallery
12 Casey Smith 32 Jacob Bardell
13 Austin Wagenhauser 33 Nicholas Kennicker
14 Caleb Hoff 34 Courtney Dalton
15 Jonathan Mertz 35 Brianna Marzette
16 Trevor Calahan 36 Heather Ruplinger
17 Gary Pape 37 Damon Spencer
18 Sara Kruger 38 Jwan Brookins
19 Travis Glasgow 39 Zachary Nilles
20 Tanner Williams 40 Jonathan Sodawasser
Respectfully Submitted,
Daniel White, Chairperson
Civil Service Commission
June 2, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Traffic Signal Technician II was administered via take-home exam. We hereby certify
that the individuals listed below have passed this "take-home" examination and the va-
3
cancy for this position should be filled from this list and that this list is good for two (2)
years from above date.
Traffic Signal Technician II
1 Jeremy Freiburger
2 Zach Dowell
3 Michael Clemen
4 Eric Trausch
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
6. Iowa Department of Natural Resources - NPDES Inspection: Correspondence from
the Iowa Department of Natural Resources providing the inspection report for the Water
& Resource Recovery Center (W&RRC). Upon motion the documents were received,
filed and referred to the City Manager.
7. Kerper Court - Verified Claim to Renew Covenants, Conditions and Restrictions:
City Manager recommending approval of a Verified Claim that will extend the re-
strictions on use of a property located on Kerper Court for a period of 21 years from the
date of recording. Upon motion the documents were received, filed and approved.
8. Stipulation of Settlement and Notice of Voluntary Settlement - Menard, Inc. Proper-
ty Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement
and Notice of Voluntary Settlement for the property tax appeal filed by Menards, Inc. for
property located at 5300 Dodge St. Upon motion the documents were received, filed
and approved.
9. Order of Dismissal - Hillcrest Associates Property Tax Appeal: City Attorney rec-
ommending approval of the Order of Dismissal for a property tax appeal filed by Hill-
crest Associates for property located on Pasadena Drive. Upon motion the documents
were received, filed and approved.
10. Charles Q. Foust - Pre -Annexation Agreement: City Manager recommending ap-
proval of a Pre -Annexation Agreement with Charles Q. Foust, property owner of Lot 11
in Twin Ridge Subdivision. Upon motion the documents were received and filed and
Resolution No. 232-16 Approving a Pre -Annexation Agreement between the City of
Dubuque Iowa and Charles Q. Frost was adopted.
RESOLUTION NO. 232-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND CHARLES Q. FOUST
Whereas, Charles Q. Foust , the owner 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 11 in "Twin Ridge" Subdivision in Table Mound Township, Dubuque County,
Iowa, according to the recorded plats thereof, subject to easements and agree-
ments of record; and
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Whereas, Charles Q. Foust , 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:
Section 1. The Pre -annexation Agreement by and between Charles Q. Foust and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. LT Investments, LLC - Pre -Annexation Agreement: City Manager recommending
approval of a Pre -Annexation Agreement with LT Investments, LLC for the subject
property. Upon motion the documents were received and filed and Resolution No. 233-
16 Approving a Pre -Annexation Agreement between the City of Dubuque Iowa and LT
Investments, LLC was adopted.
RESOLUTION NO. 233-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND LT INVESTMENTS, LLC
Whereas, LT Investments, LLC , 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 2-1 of Miller Place in the NW 1/4 of Section 23, T88N, R2E (Table Mound
Township) of the 5th P.M., Dubuque County, Iowa; and
Whereas, LT Investments, LLC has 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
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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 LT Investments, LLC and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Southwest Arterial Project Property Acquisition — Valentine: City Manager rec-
ommending acceptance of the Warranty Deed and Grant of Easement for Parcel 149
owned by Ronald, Marlene, and Gary Valentine related to the Southwest Arterial Pro-
ject. Upon motion the documents were received and filed and Resolution No. 234-16
Accepting a Deed for the Southwest Arterial Project from Ronald L. Valentine and Mar-
lene Valentine, and Gary L. Valentine; and Resolution No. 235-16 Accepting a Grant of
Permanent Utility Easement for the Southwest Arterial Project from Ronald L. Valentine
and Marlene Valentine, and Gary L. Valentine were adopted.
RESOLUTION NO. 234-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
RONALD L. VALENTINE AND MARLENE VALENTINE, AND GARY L. VALENTINE
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine,
husband and wife, and Gary L. Valentine for the property legally described as follows:
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST
FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA as shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 235-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTH-
WEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VAL-
ENTINE, AND GARY L. VALENTINE
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Ronald L. Valentine and Marlene Val-
entine, and Gary L. Valentine for the property legally described as:
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A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST
FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, as more particularly shown on the Permanent Utility Easement exhibit
attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent Utility Easement attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Purchase of Services Grant Funding Recommendations: City Manager recom-
mending approval of the recommended funding for the Fiscal Year 2017 Purchase of
Services Grant applications as recommended by the Community Development Advisory
Commission. Upon motion the documents were received, filed and approved.
14. Purchase of Services Grant Agreement - Dubuque County Extension: City Man-
ager recommending approval of a Purchase of Services Grant Agreement with Dubu-
que County ISU Extension for Fiscal Year 2017. Upon motion the documents were re-
ceived, filed and approved.
15. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager
recommending approval of a Purchase of Services Grant Agreement with Four Mounds
Foundation for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
16. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Northeast Iowa School of Music for Fiscal Year 2017. Upon motion the documents were
received, filed and approved.
17. Contracted Services Agreement - America's River Corporation: City Manager
recommending approval of the Contracted Services Agreement with America's River
Corporation for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
18. Contracted Services Agreement - Crescent Community Health Center: City Man-
ager recommending approval of the Contracted Services Agreement with Crescent
Community Health Center for Fiscal Year 2017. Upon motion the documents were re-
ceived, filed and approved.
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19. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau:
City Manager recommending execution of a Contracted Services Agreement with the
Dubuque Area Convention and Visitors Bureau for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
20. Contracted Services Agreement - Dubuque Area Labor Management Council:
City Manager recommending approval of the Contracted Services Agreement with the
Dubuque Area Labor -Management Council for Fiscal Year 2017. Upon motion the doc-
uments were received, filed and approved.
21. Contracted Services Agreement - Dubuque Main Street: City Manager recom-
mending approval of the Contracted Services Agreement with Dubuque Main Street for
Fiscal Year 2017. Upon motion the documents were received, filed and approved.
22. Contracted Services Agreement — DuRide: City Manager recommending approval
of the Contracted Services Agreement with DuRide for Fiscal Year 2017. Upon motion
the documents were received, filed and approved.
23. Contracted Services Agreement - Every Child 1 Every Promise: City Manager
recommending approval of a Contracted Services Agreement with Every Child 1 Every
Promise for Fiscal Year 2017. Upon motion the documents were received, filed and ap-
proved.
24. Contracted Services Agreement - Hills and Dales Senior Center Lifetime Pro-
gram: City Manager recommending approval of the Contracted Service Agreement with
Hills and Dales Senior Center Lifetime Program for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
25. Contracted Services Agreement - Inclusive Dubuque: City Manager recommend-
ing approval of a Contracted Services Agreement with Inclusive Dubuque for Fiscal
Year 2017. Upon motion the documents were received, filed and approved.
26. Contracted Services Agreement - Operation: New View Community Action Agen-
cy: City Manager recommending approval of the Contracted Services Agreement with
Operation: New View Community Action Agency for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
27. Contracted Services Agreement - Community Foundation of Greater Dubuque /
Project H.O.P.E.: City Manager recommending approval of a Contracted Services
Agreement with Community Foundation of Greater Dubuque / Project H.O.P.E. for Fis-
cal Year 2017. Upon motion the documents were received, filed and approved.
28. Contracted Services Agreement - Washington Tool Library: City Manager rec-
ommending approval of the Contracted Services Grant Agreement with the Washington
Neighborhood Tool Library for Fiscal Year 2017. Upon motion the documents were re-
ceived, filed and approved.
8
29. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recom-
mending approval to accept the proposal presented by AIG for Health and Prescription
Drug Plans - Specific and Aggregate Stop Loss Insurance for the plan year beginning
July 1, 2016, and ending June 30, 2017, and maintaining the current specific stop loss
amount. Upon motion the documents were received, filed and approved.
30. Public Works Department Reorganization: City Manager recommending approval
of the elimination of the current Street/Sewer Maintenance Supervisor position and the
creation of the position of Assistant Public Works Director. It is further recommended
that a Field Supervisor position be created to assist the Assistant Public Works Director
with on-site management of field operations. Upon motion the documents were re-
ceived, filed and approved.
31. U.S. Department of Housing and Urban Development (HUD) Continuum of Care
Special Needs Assistance Program: City Manager recommending approval of a one-
year renewal application to the Iowa Finance Authority and to the U.S. Department of
Housing and Urban Development for the administration of the Continuum of Care Spe-
cial Needs Assistance Program (formerly Shelter Plus Care Program), which provides
rental assistance to homeless persons with disabilities. Upon motion the documents
were received and filed and Resolution No. 236-16 Authorizing the Mayor to execute an
application for the Continuum of Care Grant and Authorizing the Director of Housing
and Community Development and the City Manager to approve the application was
adopted.
RESOLUTION NO. 236-16
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTINU-
UM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE AP-
PLICATION
Whereas, the Iowa Finance Authority on behalf of the Iowa Balance of the Continuum
of Care has published notice requesting Federal Fiscal Year 2016 Project Applications
for Renewal Projects; and
Whereas, the U.S. Department of Housing and Urban Development has published
the availability of the Continuum of Care grant for the Collaborative Applicants including
the Iowa Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing and Urban Development will publish the
availability of the Continuum of Care grant for the Project Applicants including the City
of Dubuque Phoenix Housing Project; and
Whereas, the City of Dubuque has administered the Continuum of Care grant since
2007; and
Whereas, the City of Dubuque proposes to continue administering the Continuum of
Care grant to assist homeless, disabled persons with permanent supportive housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to submit an application
to IFA and HUD for the Continuum of Care program grant.
9
Section 2: That the Director of Housing and Community Development and the City
Manager are hereby authorized to approve the application that is submitted to IFA and
to HUD.
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a
timely fashion and as required by the Iowa Finance Authority and the U. S. Department
of Housing and Urban Development.
Passed, approved and adopted this 20th day of June 2016.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
32. Environmental Review for Continuum of Care Phoenix Housing: City Manager
recommending approval for the Mayor to execute the Environmental Review Determina-
tion as the Certifying Officer for the City of Dubuque. Upon motion the documents were
received, filed and approved.
33. 2016 Justice Assistance Grant (JAG) Application: City Manager recommending
approval to submit the 2016 Justice Assistance Grant (JAG) application. Upon motion
the documents were received, filed and approved.
34. Carnegie -Stout Public Library Maker Space Project Award: City Manager recom-
mending award of the construction contract for the Carnegie -Stout Public Library Maker
Space Project to the low bidder Tricon General Construction, Inc. Upon motion the doc-
uments were received and filed and Resolution No. 237-16 Awarding public improve-
ment contract for the Carnegie -Stout Public Library Maker Space Project was adopted.
RESOLUTION NO. 237-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CARNEGIE-STOUT
PUBLIC LIBRARY MAKER SPACE PROJECT
Whereas, sealed proposals have been submitted by contractors for the Carnegie -
Stout Public Library's (C -SPL) Maker Space project, (the Project) pursuant to Resolu-
tion No. 174-16 and Notice to Bidders published in a newspaper published in the City of
Dubuque, Iowa on the 6th day of May, 2016; and
Whereas, said sealed proposals were opened and read on the 3rd day of June, 2016
and it has been determined that Tricon General Construction, Inc. of Dubuque, Iowa,
with a bid in the amount of $148,700.00 is the lowest responsive, responsible bidder for
the Project.
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 Tricon
General Construction, Inc. 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 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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35. Workers' Compensation Excess Insurance Renewal Fiscal Year 2016: City Man-
ager recommending approval of the renewal rate submitted by current carrier, Safety
National, for Fiscal Year 2017 Workers' Compensation Express Insurance. Upon motion
the documents were received, filed and approved.
36. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission recommendations
for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac-
cess Equipment and Facilities for Loras College and for Dubuque Community Schools
for digital routing upgrades to their control rooms to allow them to send true digital sig-
nals to Mediacom. Upon motion the documents were received, filed and approved.
37. Iowa Department of Transportation (DOT) Agreement - Chavenelle Rd Hike/Bike
Trail: City Manager recommending authorization for the Mayor to sign the Federal Aid
Agreement for Transportation Alternative Program and the DMATS TAP Agreement for
funding the Chavenelle Road Hike/Bike Trail between Seippel Road and the NW Arteri-
al. Upon motion the documents were received and filed and Resolution No. 238-16 Ap-
proving the Dubuque Metropolitan Area Transportation Study (DMATS) Transportation
Alternatives Program (TAP) Agreement; and Resolution No. 239-16 Approving the Iowa
Department of Transportation Federal Aid Agreement for a Transportation Alternatives
Program (TAP) Project Earmark Funded Project were adopted.
RESOLUTION NO. 238-16
APPROVING THE DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY
(DMATS) TRANSPORTATION ALTERNATIVES PROGRAM (TAP) AGREEMENT
Whereas, the City of Dubuque is proceeding with the Chavenelle Road Hike/Bike
Trail Project; and
Whereas, the trail will be located on the north side of Chavenelle Road from Seippel
Road to the NW Arterial (IA 32); and
Whereas, the Chavenelle Road Hike/Bike Trail project will involve the construction of
a 10 foot wide asphalt trail from IA 32 (NW Arterial to Seippel Road). The project is
planned to be constructed in 2017 and will provide a multi -modal connection to the NW
Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel Road. Ultimately the trail
will provide a connection to the SW Arterial. This trail will connect users to the Missis-
sippi River Trail; and
Whereas, the DMATS Policy Board has authorized the use of federal funds for eligi-
ble costs for the Chavenelle Road Hike/Bike Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said DMATS TAP agreement between the City of Dubuque and
DMATS be hereby approved for the Chavenelle Road Hike/Bike Trail from Seippel
Road to the NW Arterial (IA 32).
Section 2. That the Mayor be authorized and directed to execute two copies of the
DMATS TAP agreement between the City of Dubuque and DMATS be hereby approved
for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32).
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Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 239-16
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID
AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PRO-
JECT EARMARK FUNDED PROJECT
Whereas, the City of Dubuque is proceeding with the Chavenelle Road Hike/Bike
Trail Project; and
Whereas, the trail will be located on the north side of Chavenelle Road from Seippel
Road to the NW Arterial (IA 32); and
Whereas, the Chavenelle Road Hike/Bike Trail project will involve the construction of
a 10 foot wide asphalt trail from IA 32 (NW Arterial to Seippel Road). The project is
planned to be constructed in 2017 and will provide a multi -modal connection to the NW
Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel Road. Ultimately the trail
will provide a connection to the SW Arterial. This trail will connect users to the Missis-
sippi River Trail; and
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use
of federal funds for eligible costs for the Chavenelle Road Hike/Bike Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Agreement For a Transportation Alterna-
tives Program (TAP) Project Earmark Funded Project (Agreement 17 -EDP -101) be-
tween the City of Dubuque and the Iowa Department of Transportation be hereby ap-
proved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial
(IA 32).
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa
DOT Federal Aid Agreement For a Transportation Alternatives Program (TAP) Project
Earmark Funded Project (Agreement 17 -EDP -101) between the City of Dubuque and
the Iowa Department of Transportation be hereby approved for the Chavenelle Road
Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32).
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
38. South Fork Catfish Creek to Timber-Hyrst #4 North Line Creek Crossings 2016
Project Acceptance: City Manager recommending acceptance of the public improve-
ment construction contract for the Timber Hyrst Estates #4 Sanitary Sewer North Line
Project as completed by Connolly Construction, Inc. Upon motion the documents were
received and filed and Resolution No. 240-16 Accepting the Timber Hyrst Estates #4
Sanitary Sewer North Line Project and Authorizing the Payment to the Contractor was
adopted.
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RESOLUTION NO. 240-16
ACCEPTING THE TIMBER HYRST ESTATES #4 SANITARY SEWER NORTH LINE
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Timber Hyrst Estates #4 Sanitary
Sewer North Line Project (the Project) has been completed by the Contractor, Connolly
Construction, Inc. (Contractor), the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $40,376.58; and
Whereas, the Contractor has previously been paid $38,357.75, leaving a balance of
$2,018.83; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $2,018.83 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE TIMBER
HYRST ESTATES #4 SANITARY SEWER NORTH LINE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Timber Hyrst Estates #4 Sanitary Sewer North Line Project, and that
said Project has been performed in compliance with the terms of the Public Improve-
ment Contract, and that the total cost of the completed work is $46,433.06.
Dated this 13th day of June, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
39. South Fork Catfish Creek to Timber-Hyrst #4 South Line Creek Crossings 2016
Project Acceptance: City Manager recommending acceptance of the public improve-
ment construction contract for the Timber Hyrst Estates #4 Sanitary Sewer South Line
Project as completed by Connolly Construction, Inc. Upon motion the documents were
received and filed and Resolution No. 241-16 Accepting the Timber Hyrst Estates #4
Sanitary Sewer South Line Project and Authorizing the Payment to the Contractor was
adopted.
13
RESOLUTION NO. 241-16
ACCEPTING THE TIMBER HYRST ESTATES #4 SANITARY SEWER SOUTH LINE
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Timber Hyrst Estates #4 Sanitary
Sewer South Line Project (the Project) has been completed by the Contractor, Connolly
Construction, Inc. (Contractor), the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $89,860.09; and
Whereas, the Contractor has previously been paid $85,367.08, leaving a balance of
$4,493.00; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $4,493.00 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE TIMBER
HYRST ESTATES #4 SANITARY SEWER SOUTH LINE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Timber Hyrst Estates #4 Sanitary Sewer South Line Project, and that
said Project has been performed in compliance with the terms of the Public Improve-
ment Contract, and that the total cost of the completed work is $98,846.10.
Dated this 13th day of June, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
40. Eagle Point Park Parking Lot Resurfacing Project Acceptance: City Manager rec-
ommending acceptance of the public improvement construction contract for the Eagle
Point Parking Lot Resurfacing Project as completed by River City Paving. Upon motion
the documents were received and filed and Resolution No. 242-16 Accepting the Eagle
Point Parking Lot Resurfacing Project and Authorizing the Payment to the Contractor
was adopted.
RESOLUTION NO. 242-16
ACCEPTING THE EAGLE POINT PARKING LOT RESURFACING PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
14
Whereas, the public improvement contract for the Eagle Point Parking Lot Resurfac-
ing Project (the Project) has been completed by the Contractor, River City Paving (Con-
tractor), the City Engineer has examined the work and recommends that the Project be
accepted; and
Whereas, the final contract amount for the Project is $68,081.18; and
Whereas, the Contractor has previously been paid $64,677.13, leaving a balance of
$3,404.06; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $3,404.06 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE EAGLE POINT
PARKING LOT RESURFACING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Eagle Point Parking Lot Resurfacing Project, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $72,956.87.
Dated this 10th day of June, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
41. SRF Green Alley Project Bid Set 6 - Year 1 Project Acceptance: City Manager
recommending acceptance of the construction contract and the establishment of the Fi-
nal Schedule of Assessments for the SRF Green Alley Bid Set 6 — Year 1 Project as
completed by Drew Cook and Sons Excavating. Upon motion the documents were re-
ceived and filed and Resolution No. 243-16 Accepting the SRF Green Alley Project - Bid
Set 6 - Year 1 and Authorizing the Payment of the Contract Amount to the Contractor;
and Resolution No. 244-16 Adopting the Final Assessment Schedule for the SRF Green
Alley Project - Bid Set 6 Year 1 were adopted.
RESOLUTION NO. 243-16
ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 6 YEAR 1 AND AU-
THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set
6 Year 1 (the Project) has been completed and the City Engineer has examined the
work and filed a certificate stating that the Project has been completed according to the
15
terms of the Public Improvement Contract and that the City Engineer recommends that
the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
SRF Green Alley Project fund for the contract amount of $274,347.80 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 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN
ALLEY PROJECT - BID SET 6 YEAR 1
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the SRF Green Alley Project - Bid Set 6 Year 1, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that
the total cost of the completed work is $301,782.58.
Dated this 10th day of June, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 20th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 244-16
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY
PROJECT - BID SET 6 YEAR 1
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 1 inclusive, is hereby approved for the SRF Green Alley Pro-
ject - Bid Set 6 Year 1.
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
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 § 384.63. 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.
16
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 of $500.00 or more are payable in 15 annual installments 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 fol-
lowing 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 Sun-
day, that amount shall be delinquent from the second business day of October. Delin-
quent installments will draw the same delinquent interest as ordinary taxes. Property
owners may elect to pay any annual installments semi-annually in advance.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
FINAL SCHEDULE OF ASSESSMENTS
SRF GREEN ALLEY PROJECT BID SET 6 — YEAR 1 ALLEY BETWEEN BALKE
STREET AND BURDEN STREET FROM GROVELAND STREET TO LINK STREET
DATE: JUNE 24, 2016
The following schedule is hereby determined to show each lot proposed to be as-
sessed for the improvement shown in the title together with the amount proposed to be
assessed against each lot and the valuations shown opposite each lot are hereby fixed
as the true valuations of such lots by the City Council of the City of Dubuque.
PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET
ADDRESS; NET ASSESSED VALUATION ; VALUATION WITH IMPROVEMENT; NET
PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFICIENCY; TO-
TAL NET ASSESSMENT
GROVELAND TO GOETHE BETWEEN BALKE AND BURDEN
1013134001; Ross, Richard K; Lot 32 Belmont Add; 630 Groveland PI; 117,120.00;
$117,750.68; $630.68; $0.00; $630.68
1013134002; Bjerke, Jan Rae; Lot 31 Belmont Add; 2946 Balke St; 66,920.00;
$67,857.42; $937.42; $0.00; $937.42
1013134003; Johll, Sandra J; Lot 30 Belmont Add; 2940 Balke St; 70,460.00;
$71,397.42; $937.42; $0.00; $937.42
1013134004; Baskerville, Susan J; Lot 29 Belmont Add; 2934 Balke St; 94,490.00;
$95,427.42; $937.42; $0.00; $937.42
1013134005; Hoover, Sarah M; Lot 28 Belmont Add; 2930 Balke St; 94,070.00;
$95,007.42; $937.42; $0.00; $937.42
1013134006; Johnson, Becky J; Lot 27 Belmont Add; 2920 Balke St; 76,500.00;
$78,737.42; $2,237.42; $0.00; $2,237.42
1013134007; Queck Capital Management LLC/Janann Oertel; Lot 26 Belmont Add;
2916 Balke St; 79,030.00; $79,967.42; $937.42; $0.00; $937.42
1013134008; Hesselman, Joseph M; Lot 25 Belmont Add; 2912 Balke St; 73,860.00;
$74,797.42; $937.42; $0.00; $937.42
1013134009; Reed, Mitchell A & Kim A; Lot 24 Belmont Add; 2904 Balke St;
78,900.00; $79,837.42; $937.42; $0.00; $937.42
17
1013134010; Kretz, Jamie S; Lot 121 Burden & Lawthers Add; 680 Groveland PI;
69,000.00; $71,198.60; $2,198.60; $0.00; $2,198.60
1013134011; Kotz, Denis J & Anne M; Lot 122 & N 1/2 of Lot 123 Burden & Law-
thers; 2929 Burden Ave; 94,910.00; $96,316.13; $1,406.13; $0.00; $1,406.13
1013134012; Watters, Chris L & Joan R; S 1/2 of Lot 123 Burden & Lawthers; 2923
Burden Ave; 79,000.00; $79,468.71; $468.71; $0.00; $468.71
1013134013; Cain Jr., Kenneth J & Tabitha A; N 47' of Lot 124 Burden & Lawthers;
2919 Burden Ave; 95,920.00; $96,801.17; $881.17; $0.00; $881.17
1013134014; Engler, Justin J.; Lot 125 & S 3' of Lot 124 Burden & Lawthers Add;
2915 Burden Ave; 87,100.00; $88,093.66; $993.66; $0.00; $993.66
1013134015; Lewis, Marjorie C Rentals; Lot 126 Burden & Lawthers Add; 2909 Bur-
den Ave; 74,570.00; $75,507.42; $937.42; $0.00; $937.42
1013134016; Buelow, Thomas J; Lot 127 Burden & Lawthers Add; 2905 Burden Ave;
82,200.00; $83,137.42; $937.42; $0.00; $937.42
GOETHE TO LAWTHER BETWEEN BALKE AND BURDEN
1013138001; Brooks, Robert G & Eunice M; Lot 23 Belmont Add; 2860 Balke St;
123,770.00; $124,707.42; $937.42; $0.00; $937.42
1013138002; White, Cynthia M; Lot 22 Belmont Add; 2834 Balke St; 100,130.00;
$101,067.42; $937.42; $0.00; $937.42
1013138003; Freihoefer, David C; Lot 20 & 21 Belmont Add; 2830 Balke St;
84,950.00; $86,824.84; $1,874.84; $0.00; $1,874.84
1013138004; Joseph D. McQuillen; Lot 19 Belmont Add; 2826 Balke St; 69,290.00;
$70,227.42; $937.42; $0.00; $937.42
1013138005; Katrichis, Andrew; Lot 128 Burden & Lawthers Add; 2841 Burden Ave;
88,120.00; $89,057.42; $937.42; $0.00; $937.42
1013138006; Motsch, Debra E A/K/A Motsch, Deb E; Lot 129 Burden & Lawthers
Add; 2837 Burden Ave; 85,460.00; $86,397.42; $937.42; $0.00; $937.42
1013138007; Buse, David T & Jennifer A; Lot 130 Burden & Lawthers Add; 2833
Burden Ave; 83,130.00; $84,067.42; $937.42; $0.00; $937.42
1013138008; Westmark, Steven J & Sherrie A; Lot 131 Burden & Lawthers Add;
2829 Burden Ave; 87,430.00; $88,367.42; $937.42; $0.00; $937.42
1013138009; Blocklinger, Kevin M Sr. & Kimberly A; Lot 132 Burden & Lawthers Add;
2825 Burden Ave; 94,170.00; $95,107.42; $937.42; $0.00; $937.42
LAWTHER TO STRAUSS BETWEEN BALKE AND BURDEN
1013180001; Vallee, Chris C & Masterpol, Anna M; Lot 18 Belmont Add; 2824 Balke
St; 89,470.00; $90,407.42; $937.42; $0.00; $937.42
1013180002; Prull, Marcus; Lot 17 & N 1/2 of Lot 16 Belmont Add; 2816 Balke St;
113,240.00; $114,646.13; $1,406.13; $0.00; $1,406.13
1013180003; Weber, Patricia J; Lot 15 & S 1/2 of Lot 16 Belmont Add; 2812 Balke
St; 92,210.00; $93,616.13; $1,406.13; $0.00; $1,406.13
1013180004; Palm, Judith A Revoc Living Tr Dated 7/2/07; Lot 14 Belmont Add;
2800 Balke St; 76,040.00; $76,977.42; $937.42; $0.00; $937.42
1013180005; Donovan, Robert A & Patrick J; Lot 133 Burden & Lawthers Add; 2819
Burden Ave; 87,250.00; $88,187.42; $937.42; $0.00; $937.42
1013180006; Halfhill, Lindsay M; Lot 134 Burden & Lawthers Add; 2815 Burden Ave;
110,960.00; $111,897.42; $937.42; $0.00; $937.42
18
1013180007; Saunders, Curt D; Lot 135 Burden & Lawthers Add; 2811 Burden Ave;
104,650.00; $105,587.42; $937.42; $0.00; $937.42
1013180008; 0; Brien, William J; Lot 136 Burden & Lawthers Add; 2807 Burden Ave;
71,790.00; $72,727.42; $937.42; $0.00; $937.42
1013180009; Travis, Marcella M; Lot 137 Burden & Lawthers Add; 2803 Burden Ave;
94,400.00; $95,337.42; $937.42; $0.00; $937.42
STRAUSS TO LINK BETWEEN BALKE AND BURDEN
1013188001; Homebuyers LLC; Lot 13 Belmont Add; 2790 Balke St; 87,530.00;
$88,467.42; $937.42; $0.00; $937.42
1013188002; Tigges, Steven J.; Lot 12 Belmont Add; 2780 Balke St; 108,450.00;
$109,387.42; $937.42; $0.00; $937.42
1013188003; Schmit, Michael C & Janet M; Lot 11 Belmont Add; 2772 Balke St;
113,620.00; $114,557.42; $937.42; $0.00; $937.42
1013188004; Bisenius Jr., David E & Sandra; Lot 10 Belmont Add; 2764 Balke St;
96,350.00; $97,287.42; $937.42; $0.00; $937.42
1013188005; Summers, Felon M; Lot 8 & 9 Belmont Add; 757 Link St; 136,670.00;
$138,318.98; $1,648.98; $0.00; $1,648.98
1013188006; Pape, Derrick M & Murnane, Jessica A; Lot 138 Burden & Lawther Add;
2759 Burden Ave; 91,150.00; $91,869.78; $719.78; $0.00; $719.78
1013188007; Schwartz, Stanley Leo; Lot 139 Burden & Lawthers Add; 2755 Burden
Ave; 82,710.00; $83,618.72; $908.72; $0.00; $908.72
1013188008; Queck Capital Management LLC; Lot 140 Burden & Lawther Add; 2751
Burden Ave; 64,920.00; $65,805.92; $885.92; $0.00; $885.92
1013253001; Paulsen, Jennifer & Jonathan M; Lot 141 Burden & Lawthers Add;
2747 Burden Ave; 82,110.00; $82,972.86; $862.86; $0.00; $862.86
1013253002; Horaney, Nicholas A & Angela L; Lot 142 Burden & Lawther Add; 2743
Burden Ave; 86,140.00; $86,978.76; $838.76; $0.00; $838.76
1013253003; Duve, Jayne M; Lot 143 Burden & Lawther Add; 2739 Burden Ave;
84,020.00; $84,834.27; $814.27; $0.00; $814.27
1013253004; Wagener, Linda K; Lot 144 Burden & Lawther Add; 2735 Burden Ave;
76,280.00; $76,496.64; $216.64; $0.00; $216.64
42. Dittmer Recycling Incorporated - Recyclables Processing Agreement: City Man-
ager recommending approval of a five-year agreement with Dittmer Recycling Incorpo-
rated for processing and marketing the City's collected recyclables. Upon motion the
documents were received, filed and approved.
43. Signed Contracts: American Builders and Contractors (ABC) Supply Co., Inc.,
Second Amendment to Lease Agreement with the City of Dubuque; Iowa Department of
Inspections and Appeals Interagency Agreement with the City of Dubuque for Food Es-
tablishments; Selser Schaefer Architects for the Five Flags Theater and Ham House
Masonry Projects; Top Grade Excavating Change Order for the Key West Drive Water
Main Extension Project. Upon motion the documents were received and filed.
44. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan
Arensdorf Construction, Inc. for the 2016 Asphalt Overlay Access Ramp Project One.
Upon motion the documents were received, filed and approved.
19
45. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 245-16 Approving appli-
cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 246-16 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io-
wa Code 453A.47A were adopted.
RESOLUTION NO. 245-16
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
1st and Main 101 Main St. Class C Liquor (Outdoor)
(Sunday)
Class C Liquor (Outdoor)
Class C liquor (Catering)
(Outdoor) (Sunday)
Class C Liquor
Class C (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Catering)
(Sunday)
Class E liquor, Class B Wine,
Class C Beer (Sunday)
Class E liquor, Class B Wine,
Class C Beer (Sunday)
Class C Beer, Class B Native
Wine (Sunday)
Class C Liquor (Outdoor)
(Sunday)
Class C Liquor (Sunday)
Class C Beer (Sunday)
Adobo's Mexican Grill
American legion Post #6
Colts Community Center
Creslanes Bowling
Fischer Lanes
Five Flags Center
Keywest Conoco
Kwik Stop C -Store
Kwik Star #495
Los Azteca's III Mexican Rest.
Paul's Tavern
Pioneers Rest Stop
756 Main St
1308 Delhi St.
1101 Central Ave.
255 South Main St.
880 Locust St.
405 Main St.
2150 Twin Valley Dr.
2335 University Ave.
2685 Dodge St.
2345 NW Arterial
176 Locust St.
4900 Old Highway Rd.
20
Rotary Club of Dubuque
135 W. 8th St. Special Class C Liquor (Out-
door) (Sunday)
Adding Privilege
Shenanigans Pub 3203 Jackson St.
1st and Main 101 Main St.
Special Event
Dubuque Area Labor — Town Clock Plaza
SummerFest 8-12-16
Faj Squad Pancreatic Cancer 6201 Chavenelle Rd.
Walk/Run 7-2-16
Rotary Club of Dubuque Port of Dubuque
6-24-16
Passed, approved and adopted
Adding Outdoor from
6-24 to 6-26
Adding Outdoor
Class B Beer (Outdoor)
Class B Beer (Outdoor)
Class C liquor (Outdoor)
(Sunday)
this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 246-16
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC-
OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed
with the City 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 the applicants have filed the proper fees
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
following named applicants and locations for cigarette/tobacco sales permit.
Business Name Business Address
Beecher Co. Inc.
Big 10 Mart #10
Big 10 Mart #13
Casey's General Store #2420
Casey's General Store #2421
Casey's General Store #3473
Diamond Jo Casino
DK Auto
Dollar General Store #10074
Dollar General Store #6896
Dollar General Store #7289
Dubuque Mining Co.
Eagle Country Market
Family Dollar #1599
Fareway Stores #114
21
1691 Asbury Rd.
1875 JFK Rd.
2100 JFK Rd.
2699 Rockdale Rd.
4003 Peru Rd.
1072 Cedar Cross Rd.
301 Bell St.
500 Locust St.
2400 Gateway Dr.
605 West Locust St.
3250 Kennedy Cir Ste 8
555 JFK Rd. #600
1800 Elm St.
2013 Central Ave. #4
2050 John F. Kennedy Rd.
Hammerheads Bar and Billiards
Hartig Drug #2
Hartig Drug #3
Hartig Drug #4
Hartig Drug #8
Hy -Vee C Store #1
Hy -Vee Food Store #3
Hy -Vee Food Store #1
Hy -Vee Food Store #2
Hy -Vee Gas #2
Hy -Vee Gas #3
Hy -Vee Wine & Spirits #1
Iowa Street Market
Kmart #4018
Kwik Star #236
Kwik Star #495
Kwik Stop #300
Kwik Stop #325
Kwik Stop #68
Kwik Stop #72
Kwik Stop #74
Kwik Stop #76
Kwik Stop #78
Kwik Stop #84
Kwik Stop #848
Kwik Stop #858
Kwik Stop #86
McCann's Service Inc.
Midwest Vapors
Monks Kaffee Pub
Moondog Music
Mystique Casino
Oky Doky #1
Oky Doky #8
Paro Food Mart
Phillips 66/Arby's
Pioneer's Rest Stop
Plaza 20 BP
Port of Dubuque Marina
Road Ranger #5159
Ron's 5 Point Mart
Ron's Discount Smokes and Beverage Center
Sam's Club #4973
Sid's Beverage Store Inc.
Spencer Gifts, LLC
Super Stop III
The Altered State
22
2095 Kerper Blvd. Suite #2
157 Locust St.
2255 John F. Kennedy Rd.
2225 Central Ave.
1600 University Ave.
3270 Dodge St.
400 S. Locust St.
3500 Dodge St.
2395 NW Arterial
2435 NW Arterial
300 S. Locust St.
3500 Dodge St.
1256 Iowa St.
2600 Dodge St.
2035 John F. Kennedy Rd.
2685 Dodge St.
1215 East 16th St.
1210 E. 16th St.
1200 Cedar Cross Rd.
2255 Kerper Blvd.
2390 Central Ave.
2320 Hwy 61
4039 Pennsylvania Ave.
2335 University Ave.
3201 Central Ave.
3340 JFK Rd.
2150 Twin Valley Dr.
690 West Locust St.
2600 Dodge St. Suite B4
373 Bluff St.
806 Wacker Dr. #120
1855 Greyhound Park Dr.
250 West 1st St.
535 Hill St.
3200 Central Ave.
10 South Main St.
4900 Old Hwy Rd.
2600 Dodge St.
450 East Third St.
2175 Central Ave.
405 Rhomberg Ave.
3300 Asbury Rd.
4400 Asbury Rd.
2727 Dodge St.
555 John F. Kennedy Rd.
1101 Rhomberg Ave.
1533 Central Ave.
The Great Vape
The Konnexion
Tobacco Outlet Plus #504
Vapor City Outlet
Walgreens #11942
Walgreens #6154
Walgreens #9708
Wal-Mart Supercenter # 2004
Walnut Tap
3250 Central Ave.
1099 University Ave.
806 Wacker Dr. Suite 140
3330 Asbury Rd.
345 East 20th St.
2260 John F. Kennedy Rd.
55 John F. Kennedy Rd.
4200 Dodge St.
709 University Ave.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 Del Toro. Motion carried 6-0.
1. 210 Jones Street - Urban Revitalization Plan: City Manager recommending set a
public hearing for August 1, 2016, on the adoption of an Urban Revitalization Plan for
the 210 Jones Street Urban Revitalization Area. Upon motion the documents were re-
ceived and filed and Resolution No. 247-16 Fixing the Date for a Public Hearing on the
Matter of the Adoption of a Proposed Urban Revitalization Plan for the 210 Jones Street
Urban Revitalization Area was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building.
RESOLUTION NO. 247-16
FIXING THE DATE FOR A PUBLIC HEARING ON THE MATTER OF THE ADOPTION
OF A PROPOSED URBAN REVITALIZATION PLAN FOR THE 210 JONES STREET
URBAN REVITALIZATION AREA
Whereas, the City Council has determined that certain areas within the City of Dubu-
que can be revitalized and the potential for development enhanced by the adoption of
an Urban Revitalization Plan as authorized by Chapter 404, Code of Iowa; and
Whereas, the City Council approved Resolution 231-16 on June 6, 2016 finding that
210 Jones Street is appropriate as an economic development area and directed staff to
prepare a proposed Urban Revitalization Plan for the 210 Jones Street Urban Revitali-
zation Area; and
Whereas, the adoption of the Urban Revitalization Area Plan for 210 Jones Street, at-
tached hereto, for such urban revitalization will result in the improvement of public
health, safety and welfare of the residents of Dubuque; and
Whereas, before the Urban Revitalization Area Plan for 210 Jones Street can be
adopted, it is necessary that a public hearing be held thereon and that due notice be
given in accordance with the requirements of Chapter 404, Code of Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
23
Section 1. It is determined that it is in the best interests of the citizens of the City of
Dubuque that the City Council hold a public hearing on the matter of the adoption of the
Urban Revitalization Area Plan for 210 Jones Street on the 1st day of August, 2016 at
6:30 p.m., in the City Council Chambers, Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa. The Clerk is hereby directed to publish notice of such hearing at least
once, not less than thirty days prior to the date of the public hearing in the manner pro-
vided in Section 362.3 of the Code of Iowa.
Section 2. The Clerk also shall, not less than thirty days prior to the public hearing,
cause notice of said hearing to be given by ordinary mail at the last known addresses of
the owners of record located in the 210 Jones Street Urban Revitalization Area. The
Clerk shall also send notice by ordinary mail, addressed to the occupants of all City ad-
dresses located within the 210 Jones Street Urban Revitalization Area proposed area, if
such addresses be available. Copies of the Urban Revitalization Area Plan for 210
Jones Street shall be made available to the public through the office of the Clerk.
Section 3. The notice of the proposed hearing shall be in substantially the [Provided]
form:
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Dubuque River Rides Docking Lease Agreement: City Manager recommending the
City Council set a public hearing on the proposed Docking License Agreement with
Dubuque River Rides for July 5, 2016. Upon motion the documents were received and
filed and Resolution No. 248-16 Resolution of Intent to dispose of an interest in City -
owned real estate in the Dubuque Ice Harbor by Docking License Agreement to Dubu-
que River Rides, setting a time and place for hearing and providing for the publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on July 5, 2016 in the Historic Federal Building.
RESOLUTION NO. 248-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL ESTATE IN THE
DUBUQUE ICE HARBOR BY DOCKING LICENSE AGREEMENT TO DUBUQUE
RIVER RIDES, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa is the owner of the real property legally de-
scribed as follows:
Part of the Dubuque Ice Harbor Located in the West % of the NW 1/4 Section 30
T89NR3E of the 5th PM. in the City of Dubuque, Iowa as shown on Exhibit A; and
Whereas, Dubuque River Rides desires a docking license for part of the property as
shown on Exhibit A for docking of vessels and other business activities upon the terms
set forth in a Docking License Agreement which is on file at the office of the City Clerk,
City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, City and Dubuque River Rides have tentatively agreed to the terms of the
Docking License Agreement, which among other things, provides for a term through
April 30, 2021; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Docking License Agreement.
24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in the following
legally described property:
Part of the Dubuque Ice Harbor Located in the West % of the NW 1/4 Section 30
T89NR3E of the 5th PM. in the City of Dubuque, Iowa
as shown on Exhibit A through a Docking License Agreement with Dubuque River
Rides.
Section 2. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing -described real property by Dock-
ing License Agreement, to be held on the 5th day of July, 2016, at 6:30 o'clock p.m. at
the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments to the following commissions were made at this meeting.
1. Arts and Cultural Affairs Advisory Commission: Four, 3 -year terms through June
30, 2019 (Expiring Arts Representative terms of O'Rourke-Rosenow, Riedel, Kluseman
and Teckemeyer). All applicants applied for the Arts Representative designation. Appli-
cants: Nicholas Bratcher, 610 West 5th St.; Bibi Burke, 1155 Arrowhead Dr.; Gail Cha-
venelle, 1155 Kelly Ln. (Additional Applicant); Ali Levasseur, 1318 Jackson St. (Addi-
tional Applicant); Marina O'Rourke-Rosenow, 2085 Mullin Rd.; Susan Riedel, 282
Kelly's Bluff St.; David Schmitz, 1270 Arrowhead Dr.; Mary Thomas Armstrong, 728 Alta
Vista; Audrea Walsh, 803 Lincoln Ave.; Chad Witthoeft, 430 Alpine St. (Additional Appli-
cant).
Upon roll -call vote, Nicolas Bratcher (3), Susan Riedel (6), David Schmitz (6) and
Mary Armstrong (3) were appointed to 3 -year terms through June 30, 2019. (Bratcher =
Jones, Lynch, Connors; Burke = Del Toro, Rios; Chavenelle = Lynch; Levasseur = Con-
nors; O'Rourke = Del Toro, Rios; Riedel = All; Schmitz = All; Armstrong = Jones, Lynch,
Buol; Walsh = 0; Witthoeft = 0)
2. Civic Center Advisory Commission: Two, 3 -year terms through June 29, 2019 (Ex-
piring terms of Bakke and Hill). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Hill,
333 E. 10th St. #234. Motion by Lynch to appoint Mr. Bakke and Ms. McKenzie to 3 -
year terms through June 29, 2019. Seconded by Del Toro. Motion carried 6-0.
3. Historic Preservation Commission: One, 3 -year term through July 1, 2018 (Vacant
term of Krueger — At -Large); Two, 3 -year terms through July 1, 2019 (Expiring terms of
Kopczyk — Jackson Park District and Nieto — W. 11th District). Applicants: Alfred
Kopczyk, 1320 Locust St. (Qualifies for Jackson Park District and At -Large); Juan Nieto,
510 W. 11th St (Qualifies for W. 11th District and At -Large); Leslie Terry, 390 Hill St.
(Qualifies for At -Large only). Motion by Jones to appoint Leslie Terry to the 3 -year, at -
25
large term through July 1, 2018; Juan Nieto to the 3 -year, 11th St. District term through
July 1, 2019; and Alfred Kopczyk to the 3 -year, Jackson Park District term through July
1, 2019. Seconded by Lynch. Motion carried 6-0.
4. Housing Commission: One, 3 -year term through August 17, 2016 (Vacant term of
Woods). Applicant: Wesley Heimke, 2350 Knob Hill Dr. Motion by Lynch to appoint Mr.
Heimke to a 3 -year term through August 17, 2016 (correct term date is 2016). Second-
ed by Rios. Motion carried 6-0.
5. Investment Oversight Advisory Commission: One, 3 -year term through July 1,
2019 (Expiring term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Sq. Mo-
tion by Lynch to appoint Mr. Reisdorf to a 3 -year term through July 1, 2019. Seconded
by Del Toro. Motion carried 6-0.
6. Library Board of Trustee: Two, 4 -year terms through July 1, 2020 (Expiring terms
of Connors and Allred). Applicants: Robert Armstrong, 728 Alta Vista St.; Christina
Monk, 2005 North Main St.; Irene Raby, 160 N. Algona St. (Additional Applicant). Upon
Council concurrence, Mayor Buol appointed Mr. Armstrong and Ms. Monk to 4 -year
terms through July 1, 2020.
7. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2019 (Expiring term of Winterwood). Applicant: Charles Winterwood, 555 Montrose Ter.
Motion by Jones to appoint Mr. Winterwood to a 3 -year term through July 1, 2019. Se-
conded by Lynch. Motion carried 6-0.
8. Parks and Recreation Advisory Commission: Three, 3 -year terms through June 30,
2019 (Vacant term of Schlueter and Expiring terms of Larson and Lyness). Applicants:
Robert Blocker, 880 Kane St.; Richard Kirkendall, 1725 Alta PI.; Katherine Larson, 2535
Traut Ter.; Karen Lyness, 89 Alpine St. Upon roll -call vote Mr. Kirkendall (4); Ms. Larson
(6) and Ms. Lyness (6) were appointed to 3 -year terms through June 30, 2019. (Blocker
= Del Toro, Connors; Kirkendall = Rios, Jones, Lynch, Buol; Larson = all; Lyness = all)
PUBLIC HEARINGS
1. Request to Rezone - W. 32nd Street Parcel by Dubuque PONY League: Proof of
publication on notice of public hearing to consider a request by the Dubuque PONY
League / Greg Yoko to rezone 77.37 acres of property located at W. 32 Street (PIN 10-
15-276-004) at Carter Road from AG Agricultural to CR Commercial Recreation Zoning
District and the Zoning Advisory Commission recommending denial (lack of affirmative
votes). The City Clerk acknowledged receipt of correspondence from Greg Yoko re-
questing the request be returned to the Zoning Advisory Commission. Motion by Jones
to refer the request back to the Zoning Advisory Commission Seconded by Lynch. Mo-
tion carried 6-0.
2. Hodge Company Lease Agreement: Proof of publication on notice of public hear-
ing to consider approval of a riverfront lease agreement with Hodge Company to lease
8.89 acres on Purina Drive and the City Manager recommending approval. Motion by
26
Lynch to receive and file the documents and adopt Resolution No. 249-16 Approving
the Disposal of an Interest in Real Property Owned by the City of Dubuque by Lease
between the City of Dubuque, Iowa and Hodge Company. Seconded by Jones. Motion
carried 6-0.
RESOLUTION NO. 249-16
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA
AND HODGE COMPANY
Whereas, the City of Dubuque, Iowa is the owner of the real property legally de-
scribed as follows:
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of
Dubuque, Iowa (approximately 8.89 acres in total); and
Whereas, Hodge Company desires to lease a part of the property as shown on Ex-
hibit A for industrial uses, storage and warehousing and other business activities upon
the terms set forth in a Lease Agreement which is on file at the office of the City Clerk,
City Hall 13th and Central Avenue, Dubuque, Iowa; and
Whereas, City and Hodge Company have agreed to the Lease Agreement, which
among other things, provides for a term through October 31, 2043; and
Whereas, on June 20, 2016, the City Council pursuant to notice published as re-
quired by law held a public hearing on its intent to dispose of the foregoing interest in
real property and overruled all objections thereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City and Hodge Company is hereby
approved.
Section 2. The Mayor is authorized and directed to execute said Lease Agreement
on behalf of the City of Dubuque.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Vacate Petition - Stone Valley Drive Right -of -Way: Proof of publication on notice of
public hearing to consider approval of a request from NEZTROP, LLC to vacate a por-
tion of right-of-way of Stone Valley Drive in Stone Brook Center Second Addition and
the City Manager recommending approval. Motion by Lynch to receive and file the doc-
uments and adopt Resolution No. 250-16 Vacating a portion of Stone Valley Drive be-
tween U.S. Highway 20 and Boulder Brook Court to be known as Lot 1 of Lot A of Stone
Brook Center Second Addition, in the City of Dubuque, Iowa; and Resolution No. 251-
16 Disposing of City Interest in Lot 1 of Lot A of Stone Brook Center Second Addition, in
the City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0.
27
RESOLUTION NO. 250-16
VACATING A PORTION OF STONE VALLEY DRIVE BETWEEN U.S. HIGHWAY 20
AND BOULDER BROOK COURT TO BE KNOWN AS LOT 1 OF LOT A OF STONE
BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, NEZTROP LLC has requested the vacating of a portion of Stone Valley
Drive between U.S. Highway 20 and Boulder Brook Court in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated May 13, 2016 prepared by AECOM, describing the proposed vacated street
right of way, in the City of Dubuque, Iowa; and
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 this 10th day of June, 2016, the City Council of the City of
Dubuque, Iowa met on the 20th day of June, 2016, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated portion of the Stone Valley Drive Right of Way to be known as Lot 1 of
Lot A of Stone Brook Center Second Addition, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1 of Lot A of Stone Brook Center
Second Addition, City of Dubuque, Dubuque County, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 251-16
DISPOSING OF CITY INTEREST IN LOT 1 OF LOT A OF STONE BROOK CENTER
SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA
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 this 10th day of June, 2016, the City Council of the City of
Dubuque, Iowa met on the 20th day of June, 2016, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale of real estate described as:
Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Io-
wa, 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 proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
28
Section 1. That the sale of City of Dubuque real property described as Lot 1 of Lot A
of Stone Brook Center Second Addition, in the City of Dubuque, Iowa, Dubuque County,
Iowa, to NEZTROP LLC be and the same is hereby approved, subject to the conditions
of an Agreement between the City and NEZTROP LLC. Conveyance shall be by Quit
Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized and directed to deliver said deed of con-
veyance to NEZTROP LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. 30 -Inch Force Main Relocation Project from 7th Street to 12th Street (Phase ID:
Proof of publication on notice of public hearing to consider approval of the plans, speci-
fications, form of contract and the estimated cost for Phase 11 of the 30 -Inch Force Main
Relocation Project from 11th Street to 12th Street and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No.
252-16 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for
Phase 11 of the 30 -Inch Force Main Relocation Project from 11th Street to 12th Street.
Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 252-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR PHASE II OF THE 30 INCH FORCE MAIN RELOCATION PROJECT
FROM 11TH STREET TO 12TH STREET
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
Phase 11 of the 30 inch Force Main Relocation Project from 11 th Street to 12th Street, in
the estimated amount $347,197.50, are hereby approved.
Passed, adopted and approved this 20th day of June, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Reallocation of Series 2012H General Obligation Bond Proceeds: Proof of publica-
tion on notice of public hearing to consider the reallocation of not -to -exceed $500,000 of
the unspent proceeds of the General Obligation Bond Series 2012H from the renovation
of the second floor of the Multicultural Family Center to fund the acquisition of the Colts
Drum & Bugle Corps building at 1101 Central Avenue and the City Manager recom-
mending approval. Motion by Jones to receive and file the documents and adopt Reso-
lution No. 253-16 Instituting Proceedings to Take Additional Action and Approving the
Reallocation of Certain Unspent Proceeds of the General Obligation Bonds, Series
2012H, of the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 6-0.
29
RESOLUTION NO. 253-16
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING
THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL
OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the realloca-
tion of certain unspent proceeds, in the amount of not to exceed $500,000 (the "Un-
spent Proceeds") of the General Obligation Bonds, Series 2012H, of the City of Dubu-
que, Iowa, in order to provide funds to pay costs of funding the acquisition of the Colts
Drum & Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds),
and has considered the extent of objections received from residents or property owners
as to said proposal and, accordingly the following action is now considered to be in the
best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional
action for the reallocation of the Unspent Proceeds of the General Obligation Bonds,
Series 2012H, for the foregoing purpose, and the reallocation of the Unspent Proceeds
to pay costs of funding the acquisition of the Colts Drum & Bugle Corps building at 1101
Central Avenue (from the Series 2012 Bonds), is in all respects authorized and ap-
proved.
Section 2. The Finance Director is authorized and directed to take such action as
may be necessary to effect and implement the foregoing reallocation of the Unspent
Proceeds to pay costs of funding the acquisition of the Colts Drum & Bugle Corps build-
ing at 1101 Central Avenue (from the Series 2012 Bonds), and to cause the records and
accounts of the City to reflect the same.
Passed and approved this 20th day of June, 2016.
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
Public comment was received relating to the Action Item #1 on the Integrated Pest
Management Program: Carolyn Pettit -Lange, 549 Almond St.; Hillary Baker, 2575
Broadway St.; Brian Blair and Noah Blair, 3895 Creston St.; and Mary Loney Bichell,
595 W. 11th St. addressed the City Council about their concerns with the use of pesti-
cides and toxic chemicals in public parks/areas, with some requesting a broader ban on
chemicals, citing related personal health issues, stating that the Integrated Pest Man-
agement Program is a good beginning, and endorsing ongoing committee work. Ms.
Lange submitted an on-line petition requesting a ban on toxic pesticides from Dubuque
Public Spaces.
30
ACTION ITEMS
1. Integrated Pest Management Program and Presentation (IPM): City Manager rec-
ommending adoption of an Integrated Pest Management Program. Staff will make a
presentation. Restated motion by Lynch to Receive and file the documents and approve
the recommendation. Seconded by Jones. Motion carried 6-0. City staff members Sus-
tainability Coordinator Cori Burbach, Leisure Services Manager Marie Ware, Health
Services Manager Mary Rose Corrigan, Jeff Ahlers, Public Works Director John
Klostermann, Recreation Division Manager Dan Kroger, and Parks Division Manager
Steve Fehsal provided a presentation on the IPM with topics including back-
ground/history of the IPM work group, current and adjusted city practices, state/federal
regulations, budget impact and public education/information.
2. Definition of Related Party Transaction: City Manager recommending approval of a
resolution defining "direct and indirect interest" to include spouse and unemancipated
minor children of a City employee or officer for related party transactions. Motion by
Lynch to receive and file the documents and adopt Resolution No. 254-16 Approving
the definition of a direct or indirect interest for purposes of Iowa Code § 362.5 Prohibit-
ing a City Officer or employee from having a "direct or Indirect interest" in a contract with
the City. Seconded by Rios. Motion carried 6-0.
RESOLUTION NO. 254-16
APPROVING THE DEFINITION OF A DIRECT OR INDIRECT INTEREST FOR PUR-
POSES OF IOWA CODE § 362.5 PROHIBITING A CITY OFFICER OR EMPLOYEE
FROM HAVING A "DIRECT OR INDIRECT INTEREST" IN A CONTRACT WITH THE
CITY
Whereas the Iowa Code §362.5 prohibits a city officer or employee from having a "di-
rect or indirect interest" in a contract with the city; and
Whereas, Iowa Code § 362.5 does not define "direct or indirect interest"; and
Whereas, the City Council has determined that a definition of "direct or indirect inter-
est" should be adopted for purposes of the City's annual financial audit.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. For purposes of the City's annual financial audit, "direct or indirect interest"
in Iowa Code § 362.5 means:
• Spouse; and
• Unemancipated minor children of a city employee or officer.
Passed, approved and adopted this 6th day of June, 2016
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Comprehensive Plan Update Contract: City Manager recommending approval of
the selection of Teska Associates as the consultant to undertake the City of Dubuque
Comprehensive Plan Update. It is further recommended that the City Manager be au-
thorized to negotiate a contract with Teska Associates, with plan documents completed
and ready for adoption by August 30, 2017. Motion by Lynch to receive and file the doc-
uments and approve the recommendation. Seconded by Jones. Motion carried 6-0.
31
4. Contracted Services Agreement - Greater Dubuque Development Corporation for
Fiscal Year 2017: City Manager recommending approval of a contracted Services
Agreement with Greater Dubuque Development Corporation for Fiscal Year 2017 and
amendment to the Fiscal Year 2016 funding. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0.
5. Request for Proposals - Commercial Real Estate: City Manager recommending
approval to release a Request for Proposals for real estate services related to proper-
ties owned by the City of Dubuque. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Rios. Motion carried 6-0.
6. Code of Ordinances Amendment - Title 4 Chapter 7 Vehicles for Hire and Public
Transportation: City Manager recommending approval of amendments to Title 4, Busi-
ness and License Regulations, Chapter 7, Vehicles for Hire and Public Transportation,
Article B, Motorized Vehicles for Hire, Section 4-7B-8. 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 Lynch. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-16 Amend-
ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations,
Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles For
Hire, Section 4-7b-8 Taxicab Business License and Taxicab Driver's Permit to Include
Ineligibility Criteria for a Taxicab Driver's Permit and Additional Reasons for Denial,
Suspension, or Revocation of a Taxicab Driver's Permit. Seconded by Lynch. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC
TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4-
7B-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT TO IN-
CLUDE INELIGIBILITY CRITERIA FOR A TAXICAB DRIVER'S PERMIT AND ADDI-
TIONAL REASONS FOR DENIAL, SUSPENSION, OR REVOCATION OF A TAXICAB
DRIVER'S PERMIT
Section 1. Section 4-7B-8 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-7B-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
B. Driver's Permit Requirements; Fee:
1. Permit Required: No person may drive a taxicab for hire upon the streets of the
city and no person who owns or controls a taxicab may allow it to be so driven,
unless the driver of said taxicab holds a valid taxicab driver's permit issued un-
der the provisions of this article.
2. Application For Driver's Permit:
32
a. An application for a taxicab driver's permit must be filed with the city clerk's of-
fice on a form provided by the city clerk.
b. An applicant must have, at a minimum, a valid Iowa class D-3 chauffeur's li-
cense or equivalent license issued by another state to obtain a taxicab driver's
permit. Temporary restricted licenses or work permit privileges are not suffi-
cient to obtain a taxicab driver's permit.
c. An applicant will be ineligible for a taxicab driver's permit if any of the following
apply:
(1) The applicant is restricted to operating motor vehicles equipped with an igni-
tion interlock device.
(2) The applicant's driving privileges have been suspended, revoked, barred,
canceled, denied, or disqualified in the prior three-year period.
(3) The applicant has been convicted of more than three moving violations in
the prior three-year period.
(4) The applicant has been convicted of violating section 321.218, 321.277, or
321J.21, or section 321A.32, subsection 1, in the prior three-year period.
(5) The applicant has been convicted in the prior seven-year period of a felony,
of violating section 321 J.2 or 321 J.2A, or of any crime involving injury to an-
other person, damage to the property of another person, or operating a vehi-
cle in a manner that endangers another person.
(6) The applicant is registered on the national sex offender registry.
d. The chief of police will investigate each applicant for a taxicab driver's permit
and a report of such investigation will be attached to the application for con-
sideration by the city clerk. Such report will state whether the applicant has, at
a minimum, a valid Iowa class D-3 chauffeur's license or equivalent license is-
sued by another state.
3. Consideration Of Application: The city clerk will, in consultation with the chief of
police and upon consideration of the application and the required reports at-
tached thereto, approve or reject the application.
4. Issuance Of Permit; Duration; Annual Fee:
a. Upon approval of an application for a taxicab driver's permit, the city clerk will
issue a permit to the applicant upon the payment of the fee as established by
the city manager or the city manager's designee. Such permit will be in effect
for the remainder of the calendar year. The permit must be renewed every
calendar year thereafter upon the payment of the fee as established by the city
manager unless the license for the preceding year is suspended or has been
revoked.
b. The driver must wear the taxicab driver's permit upon the clothing of the driver
at all times while operating the taxicab.
5. Compliance With City, State, And Federal Laws: A taxicab driver permitted un-
der this article must comply with all city, state, and federal laws.
6. Denial, Suspension, Or Revocation Of Permit:
a. The city clerk may deny, suspend, or revoke a taxicab driver's permit for good
cause, including, but not limited to, any of the following:
(1) Failure or refusal to comply with the provisions of this article;
(2) The taxicab driver is restricted to operating motor vehicles equipped with an
ignition interlock device;
33
(3) The taxicab driver's driving privileges have been suspended, revoked,
barred, canceled, denied, or disqualified in the prior three-year period;
(4) The taxicab driver has been convicted of more than three moving violations
in the prior three-year period;
(5) The taxicab driver has been convicted of violating section 321.218, 321.277,
or 321 J.21, or section 321 A.32, subsection 1, in the prior three-year period;
(6) The taxicab driver has been convicted in the prior seven-year period of a
felony, of violating section 321 J.2 or 321 J.2A, or of any crime involving resist-
ing law enforcement, dishonesty, injury to another person, damage to the
property of another person, or operating a vehicle in a manner that endan-
gers another person;
(7) The taxicab driver is registered on the national sex offender registry;
(8) Misrepresentation on the application for a taxicab driver's permit; or
(9) Violations against or loss, denial, suspension, or revocation of a taxicab
driver's state of Iowa class D-3 chauffeur's license or equivalent license is-
sued by another state.
b. Prior to suspension or revocation, the taxicab driver must be given not less
than ten (10) days' written notice by the city clerk.
c. In the event of such denial, suspension, or revocation of a taxicab driver's
permit, no other taxicab driver's permit will be issued to such person for a
period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the denial, suspension, or
revocation of a taxicab driver's permit, a taxicab driver may file with the city
clerk a written notice of appeal to the city manager from such revocation, sus-
pension, or denial. The city manager must provide the taxicab driver with notice
and an opportunity to be heard on the issue of whether the taxicab driver's per-
mit was properly revoked, suspended, or denied.
8. Personal Nature; Transferability: The taxicab driver's permit is personal to the
driver and may not be sold, assigned, mortgaged, or otherwise transferred.
9. Job Change: The taxicab driver's permit remains valid and personal to the driver
through a change of employment. If a taxicab driver becomes employed by an-
other taxicab company after the issuance of the taxicab driver's permit, such a
change of employment must be reported to the city clerk within fourteen (14)
days.
10. Property of City Clerk Upon Loss: If any taxicab driver's permit issued under
this article is lost or mislaid, the taxicab driver must report such fact to the city
clerk immediately. A duplicate permit will be issued upon payment of the fee as
established by the city manager.
11. Reporting Requirements: If suspension, revocation, or any other disciplinary
action is taken against a taxicab driver's state of Iowa class D-3 chauffeur's li-
cense or equivalent license issued by another state, the taxicab driver must re-
port such action to the city clerk's office.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 20th day of June, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
34
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment - Title 6 International Property Maintenance Code
Amendments: City Manager recommending approval of an ordinance which amends
Ordinance 8-16 by adjusting the notice of violation provision, adding definitions for
"Building Official" and "Code Official", and modifying the Housing Board of Appeal provi-
sions to be consistent with the provisions for other boards and commissions of the City.
Motion by Lynch to receive and file the documents and that the requirement that a pro-
posed 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 Jones. Motion
carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 30-16 Amend-
ing Ordinance 8-16 which repealed Title 6, Chapter 6 of the City of Dubuque Code of
Ordinances and all other Ordinances or parts of laws in conflict therewith; adopted the
2015 Edition of the International Property Maintenance Code, regulating and governing
the conditions and maintenance of all property, buildings, and structures; provided the
standards for supplied utilities and facilities and other physical things and conditions es-
sential to ensure that structures are safe, sanitary and fit for occupation and use; and
condemning buildings and structures unfit for human occupancy and use, and the dem-
olition of such existing structure in the City of Dubuque; provided for the issuance of
permits and collection of fees therefor; and adopted a new Article within Title 14, Chap-
ter 1 as Article J; by adjusting the Notice of Violation provision, adding definitions for
Building Official and Code Official, and modifying the Housing Board of Appeal Provi-
sions to be consistent with the provisions for other Boards and Commissions of the City.
Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-16
AMENDING ORDINANCE 8-16 WHICH REPEALED TITLE 6, CHAPTER 6 OF THE
CITY OF DUBUQUE CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR
PARTS OF LAWS IN CONFLICT THEREWITH; ADOPTED THE 2015 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILD-
INGS, AND STRUCTURES; PROVIDED THE STANDARDS FOR SUPPLIED UTILI-
TIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ES-
SENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR
OCCUPATION AND USE; AND CONDEMNING BUILDINGS AND STRUCTURES
UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH
EXISTING STRUCTURE IN THE CITY OF DUBUQUE; PROVIDED FOR THE ISSU-
ANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND ADOPTED A
NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS ARTICLE J; BY ADJUSTING THE
NOTICE OF VIOLATION PROVISION, ADDING DEFINITIONS FOR BUILDING OFFI-
CIAL AND CODE OFFICIAL, AND MODIFYING THE HOUSING BOARD OF APPEAL
PROVISIONS TO BE CONSISTENT WITH THE PROVISIONS FOR OTHER BOARDS
AND COMMISSIONS OF THE CITY
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
35
Section 1. Ordinance No. 8-16 is amended to read as follows:
Section 2. 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 3. The City of Dubuque Code of Ordinances is amended by adding the fol-
lowing new Title 14, Chapter 1, Article J:
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
Services 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, Article J,
in the State of Iowa for regulating and governing the conditions and maintenance of
all property, buildings and structures; by providing the standards for supplied utilities
and facilities and other physical things and conditions essential to ensure that struc-
tures 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 structures as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations, provisions, penalties,
conditions and terms of said Property Maintenance Code on file in the offices of the
Building Services and Housing and Community Development Departments are here-
by 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.
14-1 J-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
established by resolution of the City Council.
Section 104.2. Inspections. Amended to read:
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 in-
spections shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The code official is author-
ized to engage such expert opinion as deemed necessary to report upon unu-
sual technical issues that arise, subject to the approval of the appointing au-
thority.
B. Required inspections:
1. When requested and approved by the property owner, manager, licensed re-
al estate professional, or occupant; or
2. When the code official has reason to believe there is a violation of the Prop-
erty Maintenance Code; or
36
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 pay-
ment of a rescheduling fee, provided the city manager or the city man-
ager's designee is notified of the cancellation not less than two (2) busi-
ness days prior to the scheduled inspection.
Section 106.2. Notice of violation. Amended to read:
106.2. Notice of violation. A notice of violation is not required in every situation
and city staff may issue a municipal infraction without previously issuing a notice of
violation. The code official may serve a notice of violation or order in accordance
with Section 107.
Section 107.1. Notice to Person Responsible. Amended to read:
107.1 Notice to person responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to believe that a violation
has occurred, notice may be given in the manner prescribed in Sections 107.2 and
107.3 to the person responsible for the violation as specified in this code. Notices
for condemnation procedures shall also comply with Section 108.3.
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.
B. There will be two boards for hearing appeals on matters covered by the Prop-
erty Maintenance Code.
1. 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 -
37
ty. The Building Code Advisory and Appeal Board will use the provisions of
14-1 A-6 for the handling of appeals.
2. 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 provisions of 14-1 J-7 for the handling of appeals.
Sections 111.2 through 111.8 replaced with City of Dubuque Code of Ordinances
Section 14-1J-7.
Section 202. Definitions. Amended to add definitions for Building Official, Elevated
Blood Level and Lead Based Pain and modify the definition of Code Official and
habitable space:
BUILDING OFFICIAL. See "CODE OFFICIAL".
CODE OFFICIAL. The officer, officers, or other designated authorities charged with
the administration and enforcement of this code, or a duly authorized representa-
tive. Any reference to "BUILDING OFFICIAL" in this code refers to "CODE OFFI-
CIAL".
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. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not con-
sidered habitable spaces.
LEAD BASED PAINT: A paint surface, whether or not defective, identified as having
a lead content greater than or equal to one mg/cm2 (milligrams per centimeter
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, park-
ing 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:
302.4. Weeds. Premises and exterior property shall be maintained in accord-
ance 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 pro-
vide 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 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 Dubu-
que 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
38
decay -resistant woods, shall be protected from the elements and decay by paint-
ing 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 between 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. Oxi-
dation 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. Surfaces designed for stabilization by oxidation are exempt from this re-
quirement.
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
housekeeping unit that is rented, leased or let shall be equipped with a lock de-
signed to be readily openable from the side from which egress is to be made with-
out the need for keys, special knowledge or effort. Such locks shall be installed
according to the manufacturer's specifications and maintained in good working or-
der.
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
Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted
units must provide certification that the dwelling is in accordance with said
regulations. If the federally assisted unit was constructed prior to 1978, upon
occupancy a notice must be provided which outlines the lead based paint reg-
ulations, the hazards of lead based paint poisoning, the symptoms and treat-
ment of lead poisoning, and the precautions to be taken against lead poison-
ing.
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
certain 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 pro-
vide 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.
39
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 in-
stalled light fixture is allowable.
Appendix A: Deleted.
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 defined
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 licensed real es-
tate 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 include, but is 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
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
40
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 registra-
tion.
D. Rental License Fees: The City Council, by resolution, establishes a fee
schedule 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
calendar year and must be remitted within sixty (60) days. Failure to pay re-
quired fees is a violation of this code and may result in monetary penalties, li-
cense suspension, license revocation, issuance of a notice to vacate to ten-
ants, 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
another 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 include the available information on the buyer. It is the responsibil-
ity of the property 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, man-
ager, or licensed real estate professional, provided the following criteria are
met:
41
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 edu-
cation 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 program attend-
ance requirement.
e. The city manager may waive the Program requirement upon the submission
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 found-
ed 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.
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 found-
ed 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, judgment, plea of guilty, or finding of guilt of the licensee for vio-
lation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the application for a
rental license;
42
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
property owner, manager, or licensed real estate professional of the responsi-
bility for compliance with applicable Iowa law and the city code.
14-1 J-4: PRIORITY CATEGORY:
A. Priority Category Designated: The city manager may designate a property
owner, manager, or licensed real estate professional a priority category for
purposes of the housing code if three (3) times within a period of twelve (12)
consecutive months the property owner, manager, or licensed real estate pro-
fessional:
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
43
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 ap-
peal 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.
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 14-1 J-
4 of this chapter may appeal to the housing appeals board for a reconsidera-
tion of such status. An appeal must be filed in writing within twenty (20) days
of the notice of designation as a priority category. The notice of appeal must
include 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
section, the chairperson of the board must fix a date, time, and place for hear-
ing the appeal, within sixty (60) days from the date the appeal was filed, un-
less 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 appellant either by causing a copy of such notice to be per-
sonally delivered to the appellant or by mailing a copy thereof to the appel-
lant'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.
44
E. Appeals Process: The Housing Board of Appeals shall adopt and make avail-
able 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 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.
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 inspec-
tion will be as set by the city manager. The properties may be put on an accelerat-
ed 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 category's expense.
14-1J-7: HOUSING BOARD OF APPEALS:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and inter-
pretation of this code, there shall be and is hereby created a Housing Board of
Appeals. The Housing Board of Appeals shall be appointed by the City Council
and shall hold office at its pleasure.
B. Membership: The Housing Board of Appeals will be comprised of five (5) resi-
dents of the city appointed by the City Council for terms of three (3) years or
until such member'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.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appoint-
ment or reappointment or at the city clerk's office any time prior to the first
meeting of the board following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and
vice -chairperson, each to serve a term of one (1) year. The code official is the
secretary of the board. The board must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on offi-
cial board business within the limits established in the city administrative poli-
cies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person affected by a decision of the code official or a notice or order is-
sued under this code shall have the right to appeal to the Housing Board of
Appeals, provided a written application for appeal is filed within twenty (20)
days after the day the decision, notice, or order was served.
2. 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 interpret -
45
ed, the provisions of this code do not fully apply, or the requirements of this
code are adequately satisfied by other means.
H. Limitations on Authority (Board Powers)
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all property maintenance matters under the
purview of the Housing & Community Development Department.
b. To serve as an appeal body for the decisions of the code official.
c. To provide for reasonable interpretations of the Property Maintenance Code
on matters under the purview of the Housing & Community Development
Department.
The Housing Board of Appeals does not have the authority to waive the requirements of
this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an
appeal, at stated periodic meetings, or at the written request of a majority of
the members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance with
the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any per-
son whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. 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 relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board mem-
bership.
3. 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 mem-
ber 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 meetings.
4. 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.
5. All administrative, personnel, accounting, budgetary, and procurement poli-
cies of the city shall govern the board in its operations.
6. Removal: Except as provided in 14 -1J -7(K)(3), the city council may remove
any member for good cause.
L. Postponed Hearing: Either the city or the appellant may request a postpone-
ment 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.
M. Board Decision on Appeals: The board may, by majority vote:
1. Affirm the decision of the code official;
2. Reverse the decision of the code official; or
3. Modify the decision of the code official:
46
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 notice 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
granted must be in writing and on file in the Housing & Community Devel-
opment Department.
N. Resolution: The decision of the board shall be by resolution. A written copy
shall be furnished to the appellant and placed in city records.
O. Administration: The code official shall take immediate action in accordance
with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct
errors of law. Application for review shall be made in the manner and time re-
quired by law following the filing of the decision in the office of the code official
chief administrative officer.
Section 3. That if any section, subsection, sentence, clause or phrase of this ordi-
nance is, for any reason, held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The City of Dubuque hereby de-
clares 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, sen-
tences, clauses and phrases be declared unconstitutional.
Section 4. That nothing in this ordinance or in the Property Maintenance Code here-
by adopted shall be construed to affect any suit or proceeding pending in any court, 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 this ordinance; nor shall
any just or legal right or remedy of any character be lost, impaired or affected by this
legislation.
Section 5. That the City Clerk is hereby ordered and directed to cause this ordinance
to be published.
Section 6. That this ordinance 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 the 20th day of June, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
8. Code of Ordinances Amendment - References to Title 6, Chapter 6 Former Hous-
ing Code: City Manager recommending approval of an ordinance which adjusts any ref-
erences to Title 6, Chapter 6 to the updated and proper Code resulting from adoption of
the International Property Maintenance Code. Motion by Lynch to receive and file the
documents and that the requirement that a proposed ordinance be considered and vot-
ed on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Rios. Motion carried 6-0.
47
Motion by Lynch for final consideration and passage of Ordinance No. 31-16 Amend-
ing City of Dubuque Code of Ordinances: Title 2 Boards and Commissions, Chapter 5;
Title 3 Revenue and Taxation, Chapter 4; Title 6 Health, Housing, Sanitation and Envi-
ronment, Chapter 4; Title 8 Human Rights, Chapter 5; Title 14 Building and Develop-
ment, Chapters 2 & 3; Title 14 Building and Development, Chapter 4 by replacing any
references to "Housing Code" with "Property Maintenance Code" and any references to
"Title 6, Chapter 6" with "Title 14, Chapter 1" and by replacing the definition of "Housing
Code" with "Property Maintenance Code." Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES:
• TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND
COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COM-
MISSION, SECTION 2-5B-2 PURPOSE;
• TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND
COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COM-
MISSION, SECTION 2-5B-15 MONITOR HOUSING PROGRAM; CONDUCT
HEARINGS ON GRIEVANCES;
• TITLE 3 REVENUE AND TAXATION, CHAPTER 4 ECONOMIC DEVELOPMENT,
ARTICLE D RESIDENTIAL RELOCATION ASSISTANCE PROGRAM, SECTION
3-4D-9 PROCEDURE FOR HEARING APPEAL;
• TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4
NUISANCES, SECTION 6-4-2 DEFINITIONS;
• TITLE 8 HUMAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-3 EX-
EMPTIONS;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CON-
STRUCTION, DEMOLITION AND MOVING, SECTION 14-2-6 SPECIAL PROVI-
SIONS;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 3 DANGEROUS BUILD-
INGS, SECTION 14-3-1 PURPOSE;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 3 DANGEROUS BUILD-
INGS, SECTION 14-3-2 DEFINITIONS; AND
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4 LICENSING OF VA-
CANT AND/OR ABANDONED BUILDINGS, SECTION 14-4-1 DEFINITIONS
BY REPLACING ANY REFERENCES TO "HOUSING CODE" WITH "PROPERTY
MAINTENANCE CODE" AND ANY REFERENCES TO "TITLE 6, CHAPTER 6" WITH
"TITLE 14, CHAPTER 1" AND BY REPLACING THE DEFINITION OF "HOUSING
CODE" WITH "PROPERTY MAINTENANCE CODE"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-5B-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
2-5B-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis of
housing needs and the meeting of such needs; to recommend proposed projects in the
area of low and moderate income housing for the citizens of the city; to monitor the
48
city's housing programs; and to conduct grievances regarding the rental assistance pro-
gram, except in the area of property maintenance code enforcement.
Section 2. Section 2-5B-15 of the City of Dubuque Code of Ordinances is amended
to read as follows:
2-5B-15: MONITOR HOUSING PROGRAM; CONDUCT HEARINGS ON GRIEV-
ANCES:
The commission monitors the city's housing program and conducts hearings on
grievances arising out of the operation of such program with the exception of property
maintenance code enforcement which is handled by the housing appeals board.
Section 3. Section 3-4D-9 of the City of Dubuque Code of Ordinances is amended to
read as follows:
3-4D-9: PROCEDURE FOR HEARING APPEAL:
A. Notice Of Appeal: Any person aggrieved or adversely affected by a decision of
the city manager under the property maintenance code may apply to the ap-
peals board for review of such decision by filing a written notice of appeal with
the city manager within twenty (20) days of the date of the decision. The notice
of appeal shall include the following:
1. Name and address of person appealing.
2. A brief statement in ordinary and concise language of the decision protested,
together with any material facts claimed to support the contentions of the per-
son appealing.
3. A brief statement in ordinary and concise language of the relief sought, and
the reasons why it is claimed the protested decision should be reversed or
modified.
4. The signatures of all parties named as persons appealing, and their official
mailing addresses.
B. Notice Of Hearing: Upon receipt of any notice of appeal filed pursuant to this
section, the city manager shall forward the notice of appeal to the chairperson
of the appeals board. As soon as practicable after receiving the notice of ap-
peal, the chairperson of the appeals board shall fix a date, time and place for
hearing the appeal. Such date shall not be less than thirty (30) days nor more
than sixty (60) days from the date the notice of appeal was received by the city
manager unless the person appealing agrees to an earlier adjudication of the
appeal. Written notice of the time and place of the hearing shall be given by
the city manager at least ten (10) days prior to the date of the hearing to each
person appealing either by causing a copy of such notice to be personally de-
livered to the person appealing or by mailing a copy thereof to the address of
the person appealing shown on the appeal.
C. Waiver: Failure of any person to file an appeal in accordance with the provi-
sions of this section shall constitute a waiver of such person's right to a hear-
ing.
D. Hearing Appeals: The conduct of hearing appeals filed with the appeals board
shall be governed by title 2, chapter 1 of this code.
E. Appeals Board Relief: The appeals board may reverse, modify or sustain the
decision appealed from.
Section 4. Section 6-4-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
49
6-4-2: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
ABANDONED BUILDING: Any building or portion thereof which has stood with an in-
complete exterior shell for longer than one year, or any building or portion thereof which
is unoccupied and which meets one or more of the following criteria:
A. Is unsecured; or
B. Is in violation of the city of Dubuque property maintenance code, building code,
or fire code.
CITY MANAGER: Includes the city manager's designee.
COMPOST PILE: A collection of yard waste and kitchen food wastes, but specifically
excluding bones, meat, fat, grease, oil, raw dog or cat manure, which collection in non-
manufactured composting units is screened from the street view, is located in a con-
fined area, is no taller than five feet (5') high and no larger than seventy five (75) square
feet in area, is located more than twenty feet (20') from any habitable structure on ad-
joining property and at least three feet (3') from a property boundary line, is located
more than five feet (5') from any wood structure, excluding fences and compost con-
tainers, is not located in a natural drainageway and is not located in the area between
any building and the street right of way and is collected for reuse as a soil amendment
and is maintained free of noxious odors.
DANGEROUS BUILDING OR STRUCTURE: Any building or structure defined in this
code as unsafe or dangerous.
HAZARDOUS WASTE: Those wastes defined in chapter 455B, code of Iowa, as
amended, and the Iowa administrative code, as amended.
JUNK OR SALVAGE MATERIAL: Any discarded or salvaged building material or fix-
ture; any obsolete or inoperable machinery and/or equipment or parts thereof; any
wood, metal, plastic or composite pieces remaining outside of a legal structure for more
than forty eight (48) hours.
NOXIOUS SUBSTANCES: Substances, solid or fluid, which are offensive, detri-
mental to health, hurtful or dangerous, including, but not limited to, any dead animal or
portion thereof, and human or animal excrement.
OWNER: The record owner of real property, and any person having a property inter -
est in the property, including legal or equitable interests.
PROPERTY: Includes both real and personal property.
RESPONSIBLE PARTY: Any person having ownership, possession, or control of real
or personal property, including, but not limited to, any one or more of the following:
A. An agent;
B. An assignee or collector of rents;
C. A contract seller or contract purchaser;
D. The holder of a deed to the property;
E. A mortgagee or vendee in possession;
F. A receiver, executor, administrator or trustee;
G. Lessee and lessor; or
H. Any other person, firm, partnership, corporation or entity exercising control
over the property.
SOLID WASTE: Any waste that is putrescible, nonputrescible, combustible or non-
combustible, including, but not limited to, trash, garbage, material resulting from the
handling, processing, storage, preparation, serving and consumption of food, vegetable
50
or animal matter, offal, rubbish, ashes, incinerator residue, street cleanings, construc-
tion debris and solid industrial waste.
YARD WASTE: The accumulation of grass, leaves, tree trimmings under three inches
(3") in diameter, brush and garden residue, which accumulation is screened from the
street view, is located in a confined area, is no taller than four feet (4') high and no larg-
er than seventy five (75) square feet in area, is located more than twenty feet (20') from
any habitable structure on adjoining property, at least three feet (3') from a property
boundary line, is located more than five feet (5') from any wood structure, excluding
fences and compost containers, is not located in a natural drainageway, is not located in
the area between any building and the street right of way, is collected for reuse as a soil
amendment, and is maintained free of noxious odors.
Section 5. Section 8-5-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than
subsection 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such single-
family houses at any one time.
b. In the sale of any single-family house, the private individual owner does not
reside in, nor is the most recent resident of such house prior to such sale;
the exemption granted by this subsection shall apply to only one such sale
within a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in, nor is
there owned or reserved on the owner's behalf, under express of voluntary
agreement, title to, or any right to all or a portion of the proceeds from the
sale or rental of more than three (3) such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental facilities or the
sales or rental services of any real estate broker, agent, salesperson, or of
such facilities or services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker, agent, salesper-
son, or person.
e. There is no publication, posting, or mailing, after notice, of any advertise-
ment or written notice in violation of subsection 8-5-2C of this chapter.
Nothing in this subsection prohibits the utilization of attorneys, escrow
agents, abstractors, title companies, and other such professional assistance
as necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to
be occupied by no more than four (4) families living independently of each
other, if the owner actually maintains and occupies one of such living quar-
ters as his residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of this section,
a person shall be deemed to be in the business of selling or renting dwellings
if:
1. The person has, within the preceding twelve (12) months, participated as
principal in three (3) or more transactions involving the sale or rental of any
dwelling or any interest therein.
51
2. The person has, within the preceding twelve (12) months, participated as
agent, other than in the sale of the person's own personal residence, in
providing sales or rental facilities or sales or rental services in two (2) or
more transactions involving the sale or rental of any dwelling or any interest
therein.
3. The person is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a
religious organization, association, or society or any nonprofit institution or or-
ganization operated, supervised, or controlled by or in conjunction with a reli-
gious organization, association, or society, from limiting the sale, rental, or oc-
cupancy of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference to such
persons, unless membership in such religion is restricted on account of race,
color, sex, familial status, national origin, creed, age, disability, sexual orienta-
tion, or gender identity. Nor shall anything in this chapter prohibit a private club
not in fact open to the public, which as an incident to its primary purpose or
purposes provides lodging which it owns or operates for other occupancy of
such lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code
regarding the maximum number of occupants permitted to occupy a dwelling.
Nor does any provision in this chapter regarding familial status or age apply
with respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary determines
is specifically designed and operated to assist elderly persons, as defined in
the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years of age or
older.
c. Intended and operated for occupancy by at least one person fifty five (55)
years of age or older per unit. In determining whether housing qualifies as
housing for older persons under this subsection, the commission shall de-
velop regulations which require at least the following factors:
(1) That at least eighty percent (80%) of the units are occupied by at least
one person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons fifty five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older persons
by reason of:
a. Persons residing in such housing as of the date of enactment of this chapter
who do not meet the age requirements of subsection D2b or D2c of this
section; provided, that new occupants of such housing meet the age re-
quirements of subsection D2b or D2c of this section.
52
b. Unoccupied units; provided, that such units are reserved for occupancy by
persons who meet the age requirements of subsection D2b or D2c of this
section.
4. Nothing in this chapter prohibits conduct against a person because such per-
son has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in the con-
trolled substances act (21 USC 802) or a violation of the controlled sub-
stances chapter of the Iowa Code1.
Section 6. Section 14-2-6 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or
permit for use of public property shall not be transferable from one building or
building site to another building or building site nor from one person to anoth-
e r.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by the
city manager. The mover shall coordinate the route with the utility compa-
nies.
2. A police escort shall be required for all buildings moved from one location to
another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and ve-
hicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of a
permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and re-
placement of natural obstructions or official signs and signals or other public
or private property required to be removed during the movement of a vehicle
and load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or struc-
ture is so constructed or in such condition as to be dangerous or unsafe or if
it is infested with pests, is unfit for human habitation or if it is so deteriorated,
dilapidated or defective that relocation would or could create a safety or
health hazard, or cause a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the city
shall comply with all ordinances and regulations applicable to new buildings
or structures, including, but not limited to, building, electrical, mechanical,
plumbing, fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply
with the uniform code for building conservation and title 14, chapter 1 of this
code.
4. All nonresidential buildings or structures relocated within the city shall comply
with all ordinances and regulations applicable to new buildings or structures,
53
including, but not limited to, building, electrical, mechanical, plumbing, fire,
health and zoning regulations.
5. All moved buildings or structures shall be completely enclosed within thirty
(30) days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the build-
ing or structure made ready for occupancy or use within one hundred twenty
(120) days from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a building,
structure, or portion of a building in the process of being demolished shall be
cleaned up and removed from the premises at least once weekly except for
streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demol-
ished shall include the thorough removal of all wood, debris and organic ma-
terials, filling of excavations, cisterns and other depressions with acceptable
rubble or earthen fill, and spreading a tillable layer of topsoil over the entire
lot to a uniform natural grade consistent with the established adjacent
grades.
2. When directed by the city manager, water shall be used to minimize dust
when demolishing structures or under any dust producing conditions. As or-
dered by the city manager, buildings shall be washed down frequently to
keep dust at a minimum.
3. When an interior wall is exposed because of demolition of an adjoining struc-
ture, said wall shall be provided with a weather resistive barrier as required in
the Dubuque building code. No such wall shall be exposed to the weather
without the written approval of the city manager.
4. When a demolition project has been abandoned or is found to be unsafe, the
city manager may order the unsafe conditions corrected, the building board-
ed up and the premises barricaded. Upon failure of the owner or the owner's
agent to comply with the order of the city manager within seven (7) days, the
city manager, after notice and opportunity for hearing, may cause said build-
ing or structure to be demolished, the premises cleaned and suitable drain-
age grades established. The cost of such demolition, cleaning and grading
shall be assessed to the property as provided by law. This section shall also
apply to any site from which a building or structure has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be
shut off and all such lines cut or disconnected at or outside the moving or
demolition area before work is started on the site. Prior to the disconnection of
such lines, the permittee or property owner shall notify the utility company and
the city manager and shall obtain their approval in compliance with applicable
codes and requirements. Exception: If it is necessary to maintain electrical
service during the process of moving or demolition, such service shall be tem-
porarily relocated or protected with substantial covering to the satisfaction of
the electric service company and the city manager, and said relocation shall
be in conformance with applicable codes and requirements. All gas, water,
sewer and other service lines shall be shut off and capped or otherwise con-
trolled at or outside of the moving or demolition area or curb line before mov-
54
ing or demolition work is commenced. In each case, the service company and
the city manager shall be notified in advance and their approval obtained by
the permittee or property owner in compliance with applicable codes and re-
quirements. Exception: If it is necessary to maintain any water or other lines
during the moving or demolition process, such lines shall be temporarily relo-
cated or protected with substantial covering to the satisfaction of the utility
companies, city manager and in conformance with applicable codes and re-
quirements.
Section 7. Section 14-3-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-3-1: PURPOSE AND SCOPE:
A. It is the purpose of this chapter to provide a just, equitable and practicable
method to be cumulative with and in addition to any other remedy provided by
the building code, property maintenance code or otherwise available at law,
whereby buildings or structures which from any cause endanger the life, limb,
health, morals, property, safety or welfare of the general public or their occu-
pants may be required to be repaired, vacated or demolished.
B. The provisions of this chapter shall apply to all dangerous buildings, as herein
defined, which are now in existence or which may hereafter become danger-
ous in the city.
C. All buildings or structures which are required to be repaired under the provi-
sions of this chapter shall be subject to the provisions of the building code.
Section 8. Section 14-3-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-3-2: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives
shall be construed as specified in either this chapter or as specified in the building code
or the property maintenance code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used.
BUILDING CODE: The international building code promulgated by the International
Code Council, Inc., as adopted in section 14-1A-1 of this title.
DANGEROUS BUILDING: For the purpose of this chapter, any building or structure
which has any or all of the conditions or defects hereinafter described shall be deemed
to be a dangerous building; provided, that such conditions or defects exist to the extent
that the life, health, property or safety of the public or its occupants are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and ade-
quate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not pro-
vide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (11/2) times the working
stress or stresses allowed in the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or
55
stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or
damage property.
F. Whenever any portion of a building, or any member, appurtenance or orna-
mentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting
a wind pressure of one-half (1/2) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the work-
ing stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less re-
sistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or structure, or any portion thereof, because of: 1) di-
lapidation, deterioration or decay; 2) faulty construction; 3) the removal,
movement or instability of any portion of the ground necessary for the purpose
of supporting such building; 4) the deterioration, decay or inadequacy of its
foundation; or 5) any other cause, is likely to partially or completely collapse.
I. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravi-
ty does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty
three percent (33%) or more damage or deterioration of its supporting member
or members, or fifty percent (50%) damage or deterioration of its nonsupport-
ing members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earth-
quake or flood, or has become so dilapidated or deteriorated as to become: 1)
an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists or is main-
tained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this city, as speci-
fied in the building code or property maintenance code, or of any law or ordi-
nance of this state or city relating to the condition, location or structure of
buildings.
N. Whenever any building or structure which, whether or not erected in accord-
ance with all applicable laws and ordinances, has in any nonsupporting part,
member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength, 2) fire
resisting qualities or characteristics, or 3) weather resisting qualities or charac-
56
teristics required by law in the case of a newly constructed building of like ar-
ea, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the health officer to be unsanitary, unfit for hu-
man habitation or in such a condition that is likely to cause sickness or dis-
ease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resis-
tive construction, faulty electric wiring, gas connections or heating apparatus,
or other cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a pub-
lic nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six (6) months so as to
constitute such building or portion thereof an attractive nuisance or hazard to
the public.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance
code, as adopted in Title 14, Chapter 1, Article J of this code.
Section 9. Section 14-4-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives
shall be construed as specified in either this chapter or as specified in the building code
or the property maintenance code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used. Unless otherwise
expressly stated or unless the context clearly indicates a different intent, the following
terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an in-
complete exterior shell for six (6) months or longer which meets one or more of the fol-
lowing criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is noncompliant with the international property maintenance code as adopted
by the city.
BUILDING CODE: The international building code promulgated by the International
Code Council, as adopted in section 14-1A-1 of this title.
CITY MANAGER: Includes the city manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the condi-
tions or defects hereinafter described; provided, that such conditions or defects exist to
the extent that the life, health, property or safety of the public or the occupants of the
building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and ade-
quate means of exit in case of fire or panic.
57
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not pro-
vide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (11/2) times the working
stress or stresses allowed in the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or
damage property.
F. Whenever any portion of a building, or any member, appurtenance or orna-
mentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting
a wind pressure of one-half (1/2) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the work-
ing stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less re-
sistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or structure, or any portion thereof, is likely to partially
or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravi-
ty does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty
three percent (33%) or more damage or deterioration of its supporting member
or members, or fifty percent (50%) damage or deterioration of its nonsupport-
ing members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earth-
quake or flood, or has become so dilapidated or deteriorated as to become: 1)
an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
58
M. Whenever any building or structure has been constructed, exists or is main-
tained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this city, as speci-
fied in the building code or property maintenance code, or of any law or ordi-
nance of this state or city relating to the condition, location or structure of
buildings.
N. Whenever any building or structure which, whether or not erected in accord-
ance with all applicable laws and ordinances, has in any nonsupporting part,
member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire
resisting qualities or characteristics; or 3) weather resisting qualities or charac-
teristics required by law in the case of a newly constructed building of like ar-
ea, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the health officer to be unsanitary, unfit for hu-
man habitation or in such a condition that is likely to cause sickness or dis-
ease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resis-
tive construction, faulty electric wiring, gas connections or heating apparatus,
or other cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a pub-
lic nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six (6) months so as to
constitute such building or portion thereof an attractive nuisance or hazard to
the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether in a
building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health, wel-
fare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with adequate
safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard
by reason of inadequate maintenance, dilapidation or obsolescence or aban-
donment.
E. Uncleanliness to the risk of unhealthiness, as determined by the city manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the health
of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance
code, as adopted in Title 14, Chapter 1, Article J of this code.
59
VACANT BUILDING: Any building or portion thereof which has been unoccupied for
a continuous period of time over twelve (12) months and which meets one or more of
the following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not receiving service by public utilities.
Section 10. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 20th day of June, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
9. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commis-
sion: City Manager is recommending the formation of a Resilient Community Advisory
Commission as initiated during the August 2015 City Council goal -setting process. Mo-
tion by Jones to receive and file the documents and that the requirement that a pro-
posed 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 Lynch. Motion
failed 5-1 with Del Toro voting nay.
Motion by Jones to consider the first reading of a proposed ordinance Amending City
of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter
6 Environmental Stewardship Advisory Commission and Adopting a New Chapter 6 Re-
silient Community Advisory Commission in Lieu Thereof Establishing the Resilient
Community Advisory Commission and Providing for the Powers, Operation, Member-
ship, and Meetings. Seconded by Lynch. Motion carried 5-1 with Del Toro voting nay.
Health Services Manager Mary Rose Corrigan and Sustainability Coordinator Cori Bur-
bach provided a verbal presentation that recapped the process and resources used to
create the commission and reviewed results of the community engagement sessions.
10. National Disaster Resilience Grant (NDRG): City Manager recommending ap-
proval of the implementation plan associated with the National Disaster Resilience
Grant (NDRG) from the U.S. Department of Housing and Urban Development (HUD).
Staff made a presentation. Motion by Jones to receive and file the documents and ap-
prove the recommendation. Seconded by Lynch. Motion carried 6-0.
Assistant City Manager Teri Goodmann, Civil Engineer Deron Muehring, Housing
and Community Development Director Alvin Nash, Health Services Manager Mary Rose
Corrigan, and Senior Budget Analyst Alexis Steger provided a slide presentation on the
grant competition. Topics included an introduction and overview, review of infrastruc-
ture, city flooding history, housing/neighborhood/community impact, Green and Healthy
Homes Initiative, staffing framework and budget components.
60
COUNCIL MEMBER REPORTS
Council Member Jones reported on the death of former City/County Emergency Man-
agement Director Robert "Bob" Gooch on June 16, 2016.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:07 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Rios. Motion carried 6-0. Mayor Buol stated for the record that the attorneys who
will consult with City Council on the issues to be discussed in the closed session are
City Attorney Barry Lindahl, and Assistant City Attorney Maureen Quann.
Upon motion, the City Council reconvened in open session at 10:37 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:38
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
61