10 16 17 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on October 16, 2017 in
the Historic Federal Building, 350 W. 6m Street.
Present: Mayor Buol; Council Members Connors, Del Toro (arrived at 6:02 p.m.),
Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell (via
phone)
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
PRESENTATION(S)
1. CNG Truck Display: Prior to the meeting, the Public Works Department had the new
Compressed Natural Gas (CNG) 58,000 GVW snow and ice control/street maintenance
unit and pickup truck on display along 6th Street.
2. Imagine Dubuque American Planning Association Award: Planning Services Man-
ager Laura Carstens presented the Public Outreach award from the Dubuque Iowa Chap-
ter of the American Planning Association (APA) to the City of Dubuque and Teska Asso-
ciates, Inc. for the Imagine Dubuque Community Engagement Plan.
3. Dubuque Main Street 2017 Best Public Improvement Award: Dubuque Main Street
Executive Director Dan LoBianco presented the agency's 2017 Best Public Improvement
Award to the City for the Bee Branch Creek Greenway.
4. American Public Works Association Fall Conference Awards: Civil Engineer Jon
Dienst, current president of the Iowa Chapter of the APWA, presented the APWA Iowa
Chapter's Stan Ring Award to Public Works Director John Klostermann and the APWA
Project of the Year Award to the City for the North Grandview Ave./Delhi St./Grace St.
Roundabout project.
PROCLAMATION(S)
1. Theisen's Day (October 18, 2017) was accepted by Mayor Buol.
2. Lights on After School Day (October 26, 2017) was accepted by Beth McGorry, St.
Mark Youth Enrichment Outreach Coordinator
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3. Gentleman Day Proclamation (October 26, 2017) was accepted by Waypoint of
Dubuque representatives.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/2, 10/3; Five Flags
Civic Center Commission of 9/25; Historic Preservation Commission of 9/21; Library
Board of Trustees Council Update #154 of 9/27; Park and Recreation Commission of
9/19; Transit Advisory Board of 9/19; Zoning Advisory Commission of 10/4; Zoning Board
of Adjustment of 9/28; Proof of Publication for City Council Proceedings of 9/18; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 8/31. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Shirley Bolds for personal injury, Kevin Chapman for
vehicle damage, Jennifer Griner for vehicle damage, Bruce Krolick for vehicle damage,
Clarella Lange for property damage, Stephanie Mihalakis for vehicle damage. Upon mo-
tion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Shirley Bonds for personal injury, Kevin Chapman for vehicle damage, Mi-
chael Elliott for property damage, Jennifer Griner for vehicle damage, Bruce Krolick for
vehicle damage, Clarella Lange for property damage, Stephanie Mihalakis for vehicle
damage, Aaron and Ashley Skrocki for property damage. Upon motion the documents
were received, filed, and concurred.
4. Four Mounds Public Information Brochure: City Manager transmitting the Four
Mounds public information brochure. Upon motion the document was received and filed.
5. Authorized Depository Institutions: City Manager recommended approval of a reso-
lution increasing the maximum authorized balance at DuTrac Community Credit Union.
Upon motion the documents were received and filed and Resolution No. 339-17 Naming
Depositories was adopted.
RESOLUTION NO. 339-17
RESOLUTION NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan-
cial institution as a depository shall be by written resolution or order which shall be entered
of record in the minutes of the approving board, and which shall distinctly name each
depository approved, and specify the maximum amount which may be kept on deposit in
each depository; and
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Whereas, this procedure is required if a financial institution changes its name or home
office location, if the maximum amount is changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001
Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of
Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respec-
tive financial institution as set out below.
Depository Name Location of Home Office Maximum Balance
American Trust & Savings Bank Dubuque, Iowa $60,000,000
Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000
U.S. Bank Minneapolis, Minnesota $40,000,000
Dupaco Community Credit Union Dubuque, Iowa $20,000,000
DuTrac Community Credit Union Dubuque, Iowa $30,000,000
Premier Bank Dubuque, Iowa $20,000,000
East Dubuque Savings Bank Dubuque, Iowa $20,000,000
Fidelity Bank & Trust Dyersville, Iowa $40,000,000
Frost Bank San Antonio, Texas $ 100,000
Hometown Bank Fond du Lac, Wisconsin $ 250,000
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Consent Decree Semi Annual Report - September 30, 2017: City Manager transmit-
ting the September 30, 2017 Semi Annual Consent Decree Report that has been submit-
ted to the United States Environmental Protection Agency as required by the Consent
Decree. Upon motion the document was received and filed.
7. Compromised Workers' Compensation Settlement - Alan Vondran: City Attorney
Crenna Brumwell recommended approval of a Compromised Settlement Agreement re-
garding a Workers' Compensation claim filed by Alan Vondran. Upon motion the docu-
ments were received, filed and approved.
8. Forestry Technician Classification: City Manager requesting that the vacant Mainte-
nance Worker position in the Forestry activity of the Leisure Services Department be re-
classified as a Forestry Technician to better meet the needs of the department. Upon
motion the documents were received, filed and approved.
9. Pre -Annexation Agreement — McAllister: City Manager recommended approval of a
Pre -Annexation Agreement with Patrick T. and Bonnie J. McAllister, property owners of
Lot 14 in Twin Ridge Subdivision No. 5. Upon motion the documents were received and
filed and Resolution No. 340-17 Approving a Pre -Annexation Agreement between the City
of Dubuque, Iowa and Patrick T. and Bonnie J. McAllister was adopted.
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RESOLUTION NO. 340-17
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND PATRICK T. AND BONNIE J. MCALLISTER
Whereas, Patrick T. and Bonnie J. McAllister, owners of the following described prop-
erty 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 14 in Twin Ridge Subdivision No. 5 in Section 12 in Table Mound Township, Dubu-
que County, Iowa, according to the recorded plat thereof; and
Whereas, Patrick T. and Bonnie J. McAllister 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
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Patrick T. and Bonnie J.
McAllister and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Pre -Annexation Agreement — Quade: City Manager recommended approval of a
Pre -Annexation Agreement with Mark W. Quade and E. M. Quade Company, LLC., for
the subject property (between Swiss Valley Road and U.S. Hwy 151 known formerly as
Fulmer Road and in conjunction with approval of the Plat of Survey of Waldbillig Farm,
Dubuque County). Upon motion the documents were received and filed and Resolution
No. 341-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa
and Mark W. Quade and E. M. Quade Company, LLC, an Iowa Limited Liability Company
was adopted.
RESOLUTION NO. 341-17
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MARK W. QUADE AND E. M. QUADE COMPANY, LLC., AN IOWA
LIMITED LIABILITY COMPANY
Whereas, Mark W. Quade and E. M. Quade Company, LLC., an Iowa Limited Liability
Company, the owner of the following described property in Dubuque County, Iowa (the
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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 of the "area known formerly as the Fulmer Road" of the NE 1/4 NW Y4, remainder
of the NEY4NWY4, SEY4NWY4, NEY4SWY4, Lot 1 of the SEY4SWY4,all ofSection 21
& Lot 2 of the NE 1/4 NW 1/4 of Section 28, all of T88N, R2E of the 5th P.M. in Dubuque
County, Iowa; and
Whereas, Mark W. Quade and E. M. Quade Company, LLC., an Iowa Limited Liability
Company 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
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Mark W. Quade and E. M.
Quade Company, LLC., an Iowa Limited Liability Company and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Site Plan for Dagmar Industries, LLC - Cedar Lake Plaza Planned Unit Develop-
ment (PUD): The Zoning Advisory Commission recommended approval of the site plan
for Dagmar Industries, LLC in Cedar Lake Plaza PUD on Lake Ridge Drive. Upon motion
the documents were received, filed and approved.
12. Creek Wood Park - Acceptance of Deed for Park Lot 12 in Timber-Hyrst Estates:
City Manager recommended acceptance of property from North Cascade Road Develop-
ers, LLC for Creek Wood Park. Upon motion the documents were received and filed and
Resolution No. 342-17 Accepting the Deed to certain real estate in Dubuque County, Iowa
from North Cascade Road Developers, LLC was adopted.
RESOLUTION NO. 342-17
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM NORTH CASCADE ROAD DEVELOPERS, LLC
Whereas, North Cascade Road Developers is the owner of certain real property in
Dubuque County, Iowa, described as follows:
Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa; and
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Whereas, said real property is needed to construct a public park in the Timber-Hyrst
Estates Subdivision; and
Whereas, North Cascade Road Developers have executed a Deed conveying said real
estate to the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque, Iowa, hereby accepts the Deed from North Cascade Road
Developers, LLC, a copy of which Deed is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 161h day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Grant of Easement for Sanitary Sewer Utility across Blue Sky, Inc. in Asbury Plaza:
City Manager recommended acceptance of a Grant of Easement for Sanitary Sewer Util-
ity across Blue Sky, Inc. property at Lot 2 of Asbury Plaza No. 16, as part of the Derby
Grange Sanitary Sewer Extension Project. Upon motion the documents were received
and filed and Resolution No. 343-17 Accepting a Grant of Easement for Sanitary Sewer
Utility through, over and across part of Lot 2 of Asbury Plaza No. 16, City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 343-17
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
OVER AND ACROSS PART OF LOT 2 OF ASBURY PLAZA NO. 16, CITY OF DUBU-
QUE, IOWA
Whereas, Blue Sky, Inc. has executed a Grant of Easement for Sanitary Sewer Utility
through, over and across part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility through, over and across
Part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa as shown on the attached
Grant of Easement for Sanitary Sewer Utility and Exhibit A, from Blue Sky, Inc., a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Sanitary Sewer Utility with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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14. Kerper Blvd. Fiber Project - Elm Street to 16th Street - Project Award: City Manager
recommended that the public improvement contract award for the Kerper Boulevard Fiber
Project — Elm Street to 16th Street, to Utility Service Contractors be officially recorded in
the minutes of the City Council. Upon motion the document was received, filed and made
a Matter of Record.
15. Jackson Park Street Lighting Project Acceptance: City Manager recommended ac-
ceptance of the public improvement construction contract for the Jackson Park Street
Lighting Project as completed by Hawkeye Electric. Upon motion the documents were
received and filed and Resolution No. 344-17 Accepting the Jackson Park Street Lighting
Project and authorizing the payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 344-17
ACCEPTING THE JACKSON PARK STREET LIGHTING PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Jackson Park Street Lighting Pro-
ject (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 terms of
the Public Improvement Contract and that the City Engineer recommends that the Project
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Downtown Security Cameras appropriations for the contract amount of $74,086.85 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 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE JACKSON
PARK STREET LIGHTING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Jackson Park Street Lighting Project, that the Project has been per-
formed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $74,086.85.
Dated this 9th day of October, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of October, 2017.
/s/Kevin S. Firnstahl, City Clerk
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16. Hwy 20 Conduit - Wacker Drive to Hill Street Project Acceptance: City Manager
recommended acceptance of the public improvement construction contract for the Hwy
20 Conduit — Wacker Drive to Hill Street Project, as completed by Volkens, Inc. Upon
motion the documents were received and filed and Resolution No. 345-17 Accepting the
Highway 20 Conduit - Wacker Drive to Hill Street Project and authorizing the payment of
the contract amount to the contractor was adopted.
RESOLUTION NO. 345-17
ACCEPTING THE HIGHWAY 20 CONDUIT — WACKER DRIVE TO HILL STREET PRO-
JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Highway 20 Conduit — Wacker to
Hill Street Project (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 terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Traffic Signal Interconnect Conduit Replacement appropriations for the contract amount
of $53,250.00 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
Passed, approved and adopted this 16th day of October 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HIGHWAY 20
CONDUIT — WACKER DRIVE TO HILL STREET PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Highway 20 Conduit — Wacker to Hill Street Project, 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 $53,250.00.
Dated this 9th day of October, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of October 2017.
/s/Kevin S. Firnstahl, City Clerk
17. Carnegie -Stout Public Library Maker Space Project Acceptance: City Manager rec-
ommended acceptance of the construction contract for the Carnegie -Stout Public Library
Maker Space Project, as completed by Tricon General Construction, Inc. Upon motion
the documents were received and filed and Resolution No. 346-17 Accepting the Carne-
gie -Stout Public Library Maker Space Project and authorizing the payment to the contrac-
tor was adopted.
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RESOLUTION NO. 346-17
ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY MAKER SPACE PROJECT
AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library
Maker Space (the Project) has been completed by the Contractor, Tricon General Con-
struction, Inc (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $153,075.56; and
Whereas, the Contractor has previously been paid $145,421.78, leaving a balance of
$7,653.78; 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.
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE-
STOUT PUBLIC LIBRARY MAKER SPACE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Carnegie -Stout Public Library Maker Space, and the 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 $153,075.56.
Dated this 11th day of October, 2017
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk in the 11th day of October, 2017.
/s/Kevin S. Firnstahl, City Clerk
18. Alternative Services Concepts (ASC) Renewal Rates for Workers' Compensation
Claims Administration: City Manager recommended City Council approval of the renewal
rates from Alternative Services Concepts for services related to the administration of the
City's Workers' Compensation Program effective October 1, 2017 through September 30,
2018. Upon motion the documents were received, filed and approved.
19. Cottingham & Butler Insurance Services Agreement for Employer Mandate Report-
ing Services: City Manager recommending approval of an agreement with Cottingham &
Butler Insurance Services to prepare and file the required Internal Revenue Service forms
1094-C and 1095-C on behalf of the City in accordance with the Patient Protection and
Affordable Care Act. Upon motion the documents were received, filed and approved.
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20. Proposed Master Co -Location and Shared Services Agreement Between the City
of Dubuque, Iowa and ImOn Communications, LLC: City Manager recommended ap-
proval of a Master Co -Location and Shared Services Agreement and Project Statement:
Sharing Agreement #1 between ImOn Communications, LLC and the City of Dubuque.
Upon motion the documents were received, filed and approved.
21. Mediacom Communications Corporation: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Corporation
advising the City of program changes on or about October 23, 2017. Upon motion the
document was received and filed.
22. Signed Contracts: Hillcrest Family Services agreement for use of Murphy Park
2017-2018 event. Upon motion the document was received and filed.
23. Alcohol License Applications: City Manager recommended approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 347-17 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 347-17
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 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 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
Dog House Lounge 1646 Asbury Rd. Class C Liquor (Outdoor) (Sunday)
Happy Joe's Old Fashioned 855 Century Dr. Class B Beer (Sunday)
Ice Cream & Pizza Parlor
Jumper's Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor) (Sunday)
Kwik Stop #848 3201 Central Ave. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
L. May 1072 Main St. Class C Liquor, Class B Wine (Ca-
tering) (Outdoor) (Sunday)
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Rainbow Lounge ! 36 West 4th St. ; Class C Liquor (Sunday)
New
Club Rise ! 1850 Central Ave. ! Class C Liquor (Sunday)
Dubuque Home Design 2490 Meinen Ct. Class B Native Wine
Special Event
Diamond Jo Casino Alliant Amphithea- Special Class C Liquor (Outdoor)
Nov. 4 ter
Passed, approved and adopted this 16th day of October, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following Boards/Commissions.
1. Housing Commission: One, 3 -year term through August 17, 2020 (Expired term of
Eudaley) Applicant: Amy Eudaley, 950 Wood St. Motion by Connors to appoint Amy Eu-
daley to a 3 -year term through July 1, 2020. Seconded by Resnick. Motion carried 7-0.
2. Human Rights Commission: One, 3 -year term through January 1, 2018 (Vacant term
of Templeton Vaughn); and one, 3 -year term through January 1, 2019 (Vacant term of
Dita Meyer) Applicants: Nicole Borovic, 3163 Hillcrest Rd.; Gerald Hammel, Jr., 1225 1/2
Rhomberg Ave.; Ashley Melchert, 1265 Thomas PI. Upon roll -call vote: Hammel, Jr. = 7
(Rios, Jones, Del Toro, Connors, Resnick, Lynch, Buol); Borovic = 5 (Jones, Del Toro,
Resnick, Lynch, Buol); and Melchert = 2 (Rios, Connors), Mayor Buol stated that Gerald
Hammel, Jr. would be appointed to the 3 -year term through January 1, 2019; and Nicole
Borovic would be appointed to the 3 -year term through January 1, 2018.
PUBLIC HEARINGS
1. South Pointe Planned Unit Development (PUD) Amendment: Proof of publication on
notice of public hearing to consider approval of a request from Dubuque South Pointe,
LLC to amend the South Pointe Planned Unit Development (PUD) for South Pointe Sub-
division on Rockdale Road to allow additional, two -unit dwelling building lots and the Zon-
ing Advisory Commission recommended approval. Motion by Lynch to receive and file
the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 43-17 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by re-
scinding Ordinance No. 14-16 which provides regulations for the South Pointe PUD
Planned Unit Development District with a Planned Residential Designation and now being
amended to re -designate 19 building lots along South Pointe Drive and Long Hollow Drive
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from Single -Family Detached Dwellings to Townhouse Dwellings Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-17
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RESCINDING ORDINANCE 14-16 WHICH PROVIDES
REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING
AMENDED TO RE -DESIGNATE 19 BUILDING LOTS ALONG SOUTH POINTE DRIVE
AND LONG HOLLOW DRIVE FROM SINGLE-FAMILY DETACHED DWELLINGS TO
TOWNHOUSE DWELLINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by rescinding Ordinance 14-16 which provides regula-
tions for a Planned Unit Development District with a Planned Commercial District desig-
nation for South Pointe, and now being amended to change the allowed use of 19 building
lots along South Pointe Drive and Long Hollow Drive from single-family dwellings to town-
house dwellings.
As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Attached hereto and made a part of this zoning reclassification approval is
the Conceptual Development Plan for the South Pointe Planned Unit Development
marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan
layout may be necessary and compatible with the need to acquire workable street pat-
terns, grades, and usable building sites. The general plan layout, including the relation-
ship of land uses to the general plan framework and the development requirements shall
be used as the implementation guide.
A. Use Regulations
Zone A: General Purpose and Description: Zone A is intended to provide building lots
for single-family detached dwellings and accessory structures as well as park and open
space.
1) Development of property within Zone A of the South Pointe Planned Unit Devel-
opment shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Res-
idential.
Zone B: General Purpose and Description: Zone B is intended to provide building lots
for multi -Family Residential dwellings including two -unit and three -unit laterally attached
dwellings and accessory structures.
1) Development of property with Zone B of the South Pointe Planned Unit Develop-
ment shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Mod-
erate Density Multi -Family Residential.
Zone C: General Purpose and Description: Zone C is intended to provide space for
commercial businesses to serve South Pointe and the surrounding community.
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1) Development of property within Zone C of the South Pointe Planned Unit Devel-
opment shall be regulated by the provisions of Section 16-5-11 of the Unified Devel-
opment Code, C-2 Neighborhood Shopping Center District.
B. Bulk Regulations
Development of land within Zones A, B and C shall be regulated as follows:
Zone A
Min Lot Min Lot Max Lot Set packs Max
Area Frontage Coverage Front (feet) Min Min Height
Side Rear
(sq feet) (feet) (% lot area) Min Max (feet) (feet) (feet)
Permitted Uses
Place of religious exer-
cise or assembly, 20,000 100 40 20 20 20 75 1
School
Single-family detached 5,000 50 40 20 50 6 20 30
dwelling
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Licensed adult day ser-
vices, Licensed child 5,000 50 40 20 6 20 30
care center
Mortuary, funeral home 20,000 100 40 20 20 20 30
or crematorium
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at east
one additional foot of yard space on all sides for each additional foot by which such building exceeds the
maximum height limit of the district in which it is located
Zone B
Permitted Uses
Multiple -family (six du
max)
Place of religious exer-
cise or assembly, School
Single-family detached
dwelling
Townhouse (six du max)
Two-family dwelling
Conditional Uses
Individual zero lot line
dwelling
Bed and breakfast home
Grout/ home
Hospice
Housing for the elderly or
disabled
Licensed adult day ser-
vices, Licensed child care
center
Min Lot Min Lot Max Lot Set'5acks Max
Area Frontage Coverage Front (feet) Min Min Height
Side Rear
(square (feet) (% lot area) Min Max (feet) (feet) (feet)
feet)
2,000/du 50 40 20 4 20 30
20,000 100 40 20 20 20 751
5,000 50 40 20 50 4 20 30
1,600/du 16/du 40 20 4/0 20/0 30
5,000 50 40 20 50 4 20 30
5,000 50 40 20 50 10/0 20 30
5,000 50 40 20 50 4 20 30
5 000 50 40 20 4 20 30
500 50 40 20 4 20 30
20,000 100 40 20 20 20 30
5,000 50 40 20 4 20 40
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Mortuary funeral home 20,000 100 40 20 20 20 30
or crematorium
Nursing or convalescent 20,000 100 40 20 20 20 30
home
Off -premise residential 20 4 6 15
garage
Rooming or boarding
5,000 50 40 20 4 20 30
house
1 May be erected to a heigft not exceeaing 75 feet, provided that such buldings shall provide at east
one additional foot of yard space on all sides for each additional foot by which such building exceeds the
maximum height limit of the district in which it is located
Zone C
Min Lot area
(sq ft )
Min Lot Max lot
frontage coverage
(feet) (% total)
Front
(feet)
Min
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Setbacks
Front Min Side
(feet) 2 (feet)
Max
Max
Min Rear Height
3 (feet) (feet)
All uses 30
1 Minimum 20 feet for garapes facing a street
2 When abutting a residential or office residential district, a 20 -foot side setback is required
3 When abutting a residential or office residential district, a 20 -foot rear setback is required
C. Parking and Loading Regulations: The number, size and design of parking spaces
shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque
Unified Development Code.
The number, size and design and location of parking spaces designated for persons
with disabilities shall be according to the local, state or federal requirements in effect at
the time of development.
The location and number of private driveway intersections with public streets shall be
reviewed and approved by the City Engineer.
D. Sign Regulations: Applicability of City of Dubuque Ordinances: The provisions of
the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further
regulated by this section
Signage for development zones within the South Pointe Planned Unit Development
shall be regulated as follows:
Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section
16-15-11.1 of the Unified Development Code, shall be followed.
Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential
District, Section 16-14-11.1 of the Unified Development Code, shall be followed.
Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District,
Section 16-156-11.6 of the Unified Development Code, shall be followed.
3) Off -Premise Signs: Off -premise signs shall be prohibited.
4) Variances: Variances from sign requirements for size, number, and height may
be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in
accordance with Article 8-6 of the Unified Development Code.
E. Performance Standards: The development and maintenance of uses in this PUD
District shall be established in conformance with the following standards
1) No more than 100 dwelling units shall be allowed to be developed until such time
that a second public street access or secondary emergency access is developed to
serve South Pointe.
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2) Platting: The conceptual development plan shall serve as the preliminary plat for
this PUD District. Subdivision plats and improvement plans shall be submitted in ac-
cordance with Article 11. Land Subdivision, of the City of Dubuque Unified Develop-
ment Code.
Site Plans: Final site development plans shall be submitted in accordance with Article
12 Site Plans and Article 13 Site Design Standards prior to construction of each building
and vehicle -related feature unless otherwise exempted by Article 12.
Storm Water Conveyance: The developer of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers
or to flow line of open drainage ways outside the lot in a means that is satisfactory to the
Engineering Department of the City of Dubuque. Other applicable regulations enforced
by the City of Dubuque relative to storm water management and drainage shall apply to
properties in the PUD District.
Other Codes and Regulations: These regulations do not relieve an owner from other
applicable City, County, State or Federal Codes, regulations, laws and other controls rel-
ative to the planning, construction, operation and management of property in the PUD
District.
F. Transfer of Ownership: Transfer of ownership or lease of property in this PUD Dis-
trict shall include in the transfer or lease agreement a provision that the purchaser or
lessee acknowledges awareness of the conditions authorizing the establishment of the
district.
G. Modifications: Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified
Development Code.
H. Recording: A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder a permanent record of the conditions ac-
cepted as part of this reclassification approval within thirty (30) days after the adoption of
this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs,
successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved and adopted this 161h day of October, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of October, 2017.
/s/Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Arts and Cultural Master Plan Community Enactment Strategy: Arts and Cultural
Affairs Advisory Commission recommended adoption of the Arts and Cultural Affairs Mas-
ter Plan Community Enactment Strategy. Motion by Jones to receive and file the docu-
ments and approve the recommendation. Seconded by Lynch. Arts and Cultural Affairs
Coordinator Debra Alleyne and Arts and Cultural Affairs Advisory Commission Member
David Schmitz provided a slide presentation of the plan and responded to questions from
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the City Council about the 1% budget request by stating such policy decision would come
to the City Council as a separate item for discussion and approval. Motion carried 4-3
with Rios, Del Toro and Resnick voting Nay.
2. Five Flags LED Marquee Sign Replacement: City Manager recommended approval
to replace the Five Flags Civic Center Marquee sign. Motion by Connors to receive and
file the documents and approve the recommendation. Seconded by Resnick. Motion car-
ried 7-0.
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COUNCIL MEMBER REPORTS
Council Member Jones presented a flag signed by all participants of the Fireball Run
special event that occurred on September 25, 2017 and requested that the flag be given
to the Dubuque Convention and Visitors Bureau / Travel Dubuque.
There being no further business, upon motion the City Council adjourned at 6:55 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
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