4 16 18 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on April 16, 2018 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone), Mayor Pro-Tem Resnick; Council Members Del Toro,
Jones, Larson, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Pro-Tem Resnick 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1 . Arbor Day (April 27) was accepted by Laura Roussel!, 3241 Bittersweet Ln., and
Arbor Day Committee VP Hobie Wood.
2. Dubuque Days of Caring (April 27) was accepted by Jessie Ehrlich and Amanda
!burg, Co-Chairs of Dubuque Days of Caring 2018.
3. Mental Health Month (May) was accepted by John Meyer of Mental Health America
of Dubuque County.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Council Member Larson requested #16 be held
for separate discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: Airport Commission of 3/26; Cable TV Commission
of 4/4; Community Development Advisory Commission of 3/28; Historic Preservation
Commission of 3/15; Human Right Commission of 3/12; Library Board of Trustees Update
of 3/29; Parks and Recreation Advisory Commission of 3/13; Resilient Community Advi-
sory Commission of 3/1 ; Zoning Advisory Commission of 4/4; Zoning Board of Adjust-
ments of 3/22; Proof of Publication for City Council Proceedings 3/19. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Dorothy Ernzen for personal injury, USAA General In-
demnity Company for property damage. Upon motion 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: Dorothy Ernzen for personal injury, USAA General Indemnity Company of
behalf of David Thimmesh for vehicle damage.
4. Opportunities & Benefits for Housing Providers Brochure: City Manager transmitting
the Opportunities& Benefits for Housing Providers brochure. Upon motion the documents
was received and filed.
5. Livable Neighborhoods and Housing Brochure: City Manager transmitting the Liva-
ble Neighborhoods and Housing brochure. Upon motion the document was received and
filed.
6. 2017 Year in Review-Housing & Community Development Department Rental Li-
censing & Inspection Services Updates Brochures: City Manager transmitting the 2017
Year in Review-Housing & Community Development Department Rental Licensing & In-
spection Services Updates brochure. Upon motion the documents were received and
filed.
7. Power Outage Preparedness Brochure: City Manager transmitting the Power Out-
age Preparedness brochure. Upon motion the document was received and filed.
8. Dollars & Cents Brochure: City Manager transmitting the Dubuque Dollars & Cents
brochure. Upon motion the document was received and filed.
9. Welcome to Watersmart Information Brochure: City Manager transmitting the Wel-
come to Watersmart Information brochure. Upon motion the document was received and
filed.
10. Dubuque Main Street Update & Report on Changes and other Policy for Farmers'
Market 2018: Dubuque Main Street submitting update & report on changes and other
policy for Farmers' Market 2018 letter. Upon motion the documents were received and
filed.
11 . Purchase Agreement - Acquisition of 2601 Jackson Street: City Manager recom-
mending approval of a Purchase Agreement and Acceptance of Deed for the property
located at 2601 Jackson Street from American Trust. Upon motion the documents were
received and filed, and Resolution No. 92-18 Approving the Acquisition of Real Estate
Owned by American Trust and Savings Bank at 2601 Jackson Street in the City of Dubu-
que was adopted.
RESOLUTION NO. 92-18
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY AMERICAN TRUST
AND SAVINGS BANK AT 2601 JACKSON STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of
rehabbing and reselling to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque hereby approves the acquisition of the following
legally described property:
The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of
Dubuque, Iowa, according to the recorded plat thereof, at the cost of Thirty-Thou-
sand Dollars ($30,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Purchase Agreement - Acquisition of 2243 Central Avenue: City Manager recom-
mending approval of a Purchase Agreement and Acceptance of Deed for the property
located at 2243 Central Avenue from Corey Lansing. Upon motion the documents were
received and filed, and Resolution No. 93-18 Approving the Acquisition of Real Estate
Owned by Corey D. Lansing at 2243 Central Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 93-18
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY COREY D. LANSING
AT 2243 CENTRAL AVENUE IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of
rehabbing and reselling to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque hereby approves the acquisition of the following
legally described property:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the recorded plat
thereof, at the cost of Thirty-Four Thousand Nine Hundred Fifty Dollars
($34,950.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tern
Attest: Kevin S. Firnstahl, City Clerk
13. Five Flags Civic Center - Fiscal Year 2019 Detailed Operating Budget Submitted
by SMG: City Manager recommending approval of the detailed Fiscal Year 2019 Budget
for the Five Flags Civic Center submitted by SMG. Upon motion the documents were
received, filed and approved.
14. United States Environmental Protection Agency (US EPA) Semiannual Consent
Decree Report: City Engineer Gus Psihoyos is transmitting the March 31 , 2018 Semi
Annual Consent Decree Report that has been submitted to the United States Environ-
mental Protection Agency as required by the Consent Decree. Upon motion the docu-
ments were received and filed.
15. Historic Resource Development Program (HRDP) Grant Application for Four
Mounds: City Manager recommending approval of a resolution in support of Four Mounds
Foundation's application for the Historic Resource Development Program for site and
landscape improvements to the Four Mounds Estate. Upon motion the documents were
received and filed, and Resolution No. 94-18 Approving HRDP Grant Application to State
Historic Preservation Office for Improvements at Four Mounds Estate Historic District was
adopted.
RESOLUTION NO. 94-18
APPROVING HRDP GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR IMPROVEMENTS AT FOUR MOUNDS ESTATE HISTORIC DISTRICT
Whereas, the State Historic Preservation Office has allocated Historic Resource De-
velopment Program (HRDP) grant funds for projects that help to preserve, conserve, in-
terpret, enhance, and educate the public about Iowa's historical assets; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for educating the community about the benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Four Mounds Foundation is hereby authorized to submit the HRDP
Grant application to the State Historic Preservation Office for improvements at the Four
Mounds Estate Historic District, which is property owned by the City of Dubuque.
Section 2. The City Manager is hereby authorized as the property owner representative
on the HRDP Ownership Certification Form for the application.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tern
Attest: Kevin S. Firnstahl, City Clerk
16. Comiskey Park Legacy Grant Agreement: City Manager recommending authoriza-
tion for the Mayor to sign a grant agreement with the Iowa Department of Natural Re-
sources for Land and Water Conservation Fund assistance from the Outdoor Recreation
Legacy Partnership Program of the National Park Service for implementation of the
Comiskey Park Development Project. Motion by Larson to receive and file the documents
and adopt Resolution No. 95-18 Authorizing LWCF ORLP Grant Agreement with Iowa
Department of Natural Resources for Comiskey Park Development. Ms. Larson stated
that she wanted to create awareness of this grant project hopes citizens get involved in
the public input process to come. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 95-18
AUTHORIZING LWCF ORLP GRANT AGREEMENT WITH IOWA DEPARTMENT OF
NATURAL RESOURCES FOR COMISKEY PARK DEVELOPMENT
Whereas, the Iowa Department of Natural Resources has allocated Land &Water Con-
servation Fund (LWCF) assistance in the amount of$508,000 from the Outdoor Recrea-
tion Legacy Partnership (ORLP) Program of the National Park Service for implementation
of the Comiskey Park Development Project and
Whereas, the City of Dubuque's 2017 Comprehensive Plan includes recommendations
to conserve natural areas, preserve key environmental features and provide recreational
opportunities for all in park and open space areas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor hereby is authorized to sign the LWCF ORLP Grant agreement
with the Iowa Department of Natural Resources for the Comiskey Park Development Pro-
ject on behalf of the City of Dubuque.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with state
and federal requirements.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
17. Land and Water Conservation Fund (LWCF) Grant Agreement for Eagle Point
Park: City Manager recommending approval of a FY2017 Land and Water Conservation
Fund Grant Agreement with the Iowa Department of Natural Resources for Implementa-
tion of the Eagle Point Park Environmental Restoration Management Plan adopted by the
City Council on February 6, 2017. Upon motion the documents were received and filed,
and Resolution No. 96-18 Authorizing LWCF Grant Agreement with Iowa Department of
Natural Resources for Implementation of Eagle Point Park Environmental Restoration
Management Plan was adopted.
RESOLUTION NO. 96-18
AUTHORIZING LWCF GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR IMPLEMENTATION OF EAGLE POINT PARK ENVIRON-
MENTAL RESTORATION MANAGEMENT PLAN
Whereas, the Iowa Department of Natural Resources provides grant funds from LWCF
(Land and Water Conservation Fund) for projects that help establish natural areas, en-
courage outdoor recreation, and enhance and protect Iowa's natural and cultural re-
sources; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for environmental quality, park improvements, and stormwater manage-
ment; and
Whereas, the City of Dubuque has budgeted the required local match.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor hereby is authorized to sign the FY 2017 LWCF Grant agreement
with the Iowa Department of Natural Resources for Implementation of the Eagle Point
Park Environmental Restoration Management Plan in the amount of$175,000.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with state
requirements.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Historic Resource Development Program (HRDP) Grant Application - Mathias Ham
House: City Manager recommending approval of a resolution in support of Dubuque
County Historical Society's application for the Historic Resource Development Program
for a Conditions Assessment Report of the Mathias Ham House. Upon motion the docu-
ments were received and filed, and Resolution No. 97-18 Approving HRDP Grant Appli-
cation to State Historic Preservation Office for Conditions Assessment Report of the Ma-
thias Ham House was adopted.
RESOLUTION NO. 97-18
APPROVING HRDP GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR CONDITIONS ASSESSMENT REPORT OF THE MATHIAS HAM HOUSE
Whereas, the State Historic Preservation Office has allocated Historic Resource De-
velopment Program (HRDP) grant funds for projects that help to preserve, conserve, in-
terpret, enhance, and educate the public about Iowa's historical assets; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for educating the community about the benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Dubuque County Historical Society is hereby authorized to submit the
HRDP Grant application to the State Historic Preservation Office for Conditions Assess-
ment Report of the Mathias Ham House, which is property owned by the City of Dubuque.
Section 2. The City Manager is hereby authorized as the property owner representative
on the HRDP Ownership Certification Form for the application.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Public, Educational, and Government (PEG) Fund Request: City Manager recom-
mending approval of the Cable TV Commission recommendation for funding from the
Public, Educational, and Government (PEG) Capital Grant for Access Equipment and
Facilities for the purchase a 4K (twice the resolution of HD) camcorder and related ac-
cessories, and some wireless microphones for the City of Dubuque's Cable TV Division.
Upon motion the documents were received, filed and approved.
20. Towing Services Contract RFP: City Manager recommending approval to release
a Request for Proposal to solicit proposals for the City of Dubuque tow contract for Fiscal
Years 2019-2021 . Upon motion the documents were received, filed and approved.
21 . Thomas Place Wall Repair Project Award: City Manager recommending that the
award for the Thomas Place Retaining Wall Repair Project to Drew Cook & Sons Exca-
vating Co. be officially recorded in the minutes of the City Council. Upon motion the doc-
uments were received, filed and made a Matter of Record.
22. Plat of Survey MVT Place: Zoning Advisory Commission recommending approval
of the request, subject to waiving the lot frontage for Lot 1 . Upon motion the documents
were received and filed, and Resolution No. 98-18 Approving the Plat of Survey of MVT
Place in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 98-18
APPROVING THE PLAT OF SURVEY OF MVT PLACE IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of MVT Place in the
City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap-
proved private street, where 50 feet of street frontage is required by Section 11 -14 of Title
15 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1 .
Section 2. That the Plat of Survey of MVT Place is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
23. 2017-2018 Snow/Ice Removal Assessments: City Manager recommending ap-
proval of a resolution establishing the Final Assessment Schedule for the 2017-2018
Snow Removal from City Right-of-Way. Upon motion the documents were received and
filed, and Resolution No. 99-18 Adopting the Final Assessment Schedule for the 2017-
2018, Snow Removal Assessment — Right-of-Way Obstruction Removal Assessment
Project was adopted.
RESOLUTION NO. 99-18
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2017-2018 SNOW RE-
MOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESS-
MENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal Assess-
ment — Right-of-Way Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assess-
ments 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 certifica-
tion 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 publica-
tion of the notice, the City Clerk shall also mail a copy of said notice to property owners
whose property is subject to assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as-
sessments are payable at the County Treasurer's Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%)
computed to December 1 next following the due dates of the respective installments as
provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from
October 1 following its due date on July 1 of each year. However, when the last day of
September is a Saturday or Sunday, that amount shall be delinquent from the second
business day of October. Unpaid balances will draw the same delinquent interest as or-
dinary taxes.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA 2017-2018 SIDEWALK SHOVELING ASSESSMENTS FI-
NAL ASSESSMENTS - DATE: April 16, 2018
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.
PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING AD-
DRESS; CITY, STATE, ZIP; STREET ADDRESS; VALUATION WITH IMPROVEMENT;
SIDEWALK ASSESSMENT; ADMINISTRATIVE FEE; TOTAL NET ASSESSMENT
Christopher A Lehman; Lot 3-2 of City Lot 720; 1025135020; 657 West 5th Street;
Dubuque, IA 52001 ; 657 West 5th Street; $90,800.00; $47.10; $25.00; $72.10
BRP Properties LLC; Lot 4 Geo Martins Sub 754-754 1/2 W 5TH St; 1025178008; 8505
Southern Hills Court; Dubuque, IA 52003; 754 West 5th St; $126,100.00; $47.10; $25.00;
$72.10
MCT Investments LLC; Lot 1-10 Deming & Horrs Sub; 1025154002; 8505 Southern
Hills Court; Dubuque, IA 52003; 952 West 5th Street; $71 ,790.00; $47.10; $25.00; $72.10
Rachel E Tucker; Lot 6 Hillcrest Sub; 1022429001 ; 1988 Asbury Rd; Dubuque, IA
52001 ; 1988 Asbury Rd; $113,900.00; $52.00; $25.00; $77.00
Joshua D & Jayna M Schmitt, Ryan Adams; Lot 2 BLK 17 Clover Hills Sub;
1022103011 ; 14643 Yancy Street NE; Ham Lake, MN 55304; 2299 Gordon Street;
$119,070.00; $47.10; $25.00; $72.10
Home Dream LLC; Lot 23 BLK 24 Clover Hills Sub; 1015356026; 3060 Pennsylvania
Avenue; Dubuque, IA 52001 ; 2661 Marywood Drive; $139,590.00; $52.00; $25.00;
$77.00
Thomas A Fries; Lot 2-1 Trenks Booth St PI; 1023483017; 1225 North Booth St; Dubu-
que, IA 52001 ; 1225 North Booth St; $110,020.00; $46.40; $25.00; $71 .40
Nottingham Properties LLC; Lot 1 Yates Sub; 1024328009; 485 Locust St; Dubuque,
IA 52001 ; 508 West 17th St; $41 ,050.00; $98.40; $50.00; $148.50
Hantellis Properties LLC; Lot 5 Yates Sub; 1024328004; 3405 Jackson St; Dubuque,
IA 52001 ; 556 West 17th St; $93,800.00; $46.40; $25.00; $71 .40
Holly M Lynch; Lot 7 Richards Sub; 1014331001 ; 2708 Andrew Court; Dubuque, IA
52001 ; 2708 Andrew Court; $130,160.00; $47.80; $25.00; $72.80
AJ & Heather Lugrain; N 7' of Lot 491 & S 46.5' of Lot 492 Hams Add; 1118127007;
2066 Lincoln Ave.; Dubuque, IA 52001 ; 2066 Lincoln Ave.; $84,610.00; $45.00; $25.00;
$70.00
Red Owl Investments LLC; Lot 1-1 Bowens Sub; 1024179005; Box 61 ; Dubuque IA
52004-0061 ; 450 West Locust St; $44,890.00; $125.00; $25.00; $150.00
Red Owl Investments LLC; Lot 2-1 & 2-3 Bowens Sub 460-464 1/2 W Locust;
1024179004; 656 Lowell; Dubuque IA 52001 ; 460 West Locust St; $69,330.00; $125.00;
$25.00; $150.00
Louis George Mihalakis; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'-Lot 13 All In
Kelly's Sub; 1025130011 ; 1212 Miller Rd; Dubuque IA 52003; Air Hill; $12,620.00;
$118.00; $25.00; $143.00
James A & Diane M Barefoot; Lot 7 East Street Sub; 1026112002; 420 Emmett St;
Dubuque, IA 52001 ; 2320 Mineral St; $95,640.00; $52.00; $25.00; $77.00
John L Duggan; Lot 7 BLK 1 Roy Ney Sub; 1014480005; 694 Kaufmann Ave; Dubu-
que, IA 52001 ; 694 Kaufmann Ave; $102,390.00; $47.10; $25.00; $72.10
Jeffrey R & Joann K Sollanek; Lot 1-1 Sollanek Place; 1014453050; 3833 Pristine Ave;
Kalamazoo, MI 49048-7348; 792 Kaufmann Ave; $70,270.00; $48.50; $25.00; $73.50
Michael D Canganelli; Lot 7 Burtons Add; 1014453009; 854 Kaufmann Ave; Dubuque,
IA 52001 ; 854 Kaufmann Ave; $95,800.00; $46.40; $25.00; $71 .40
24. Grant of Public Utility Easement - Link Properties, LLC: City Manager recommend-
ing acceptance of a permanent Grant of Public Utility Easement from Link Properties, LLC
across part of Lot 6 of West Side Commercial Park in the City of Dubuque. Upon motion
the documents were received and filed, and Resolution No. 100-18 Accepting a Grant of
Easement for Public Utility Through, Over and Across Part of Lot 6 of West Side Com-
mercial Park, in the city of Dubuque, Iowa was adopted.
RESOLUTION NO. 100-18
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITY THROUGH, OVER
AND ACROSS PART OF LOT 6 OF WEST SIDE COMMERCIAL PARK, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Link Properties, LLC has executed a Permanent Easement for Public Utility
through, over and across Part of Lot 6 of West Side Commercial Park in the City of Dubu-
que, Dubuque County, 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 Permanent Easement for Public Utility through, over and
across Part of Lot 6 of West Side Commercial Park in the City of Dubuque, Dubuque
County, Iowa as shown on Exhibit A, from Link Properties, LLC, a copy of which [was
provided] 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 easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
25. Federal Transit Administration (FTA) Request for Incidental Use of Intermodal
Parking Facility: City Manager recommending acceptance of the terms of the Incidental
Use for Intermodal Facility approved by the Federal Transit Administration and approve
moving forward with transitioning the Intermodal Parking Facility to unreserved. Upon
motion the documents were received, filed and approved.
26. Bee Branch Watershed Flood Mitigation Project - 22nd Street and 17th Street Infor-
mational Letters: City Manager transmitting the Bee Branch Watershed Flood Mitigation
Project - 22nd Street and 17th Street Informational Letters. Upon motion the documents
were received and filed.
27. Fiber Optic Cable Facilities Agreement with Interstate Power and Light Company:
City Manager recommending approval of a short term (5 year) agreement with Interstate
Power and Light Company to create a fiber-optic broadband link between the Port of
Dubuque Solar Garden at 12th Street and Interstate's Iowa Street Office. Upon motion the
documents were received, filed and approved.
28. Pre-Annexation Agreement - Michael and Janice Blok: City Manager recommend-
ing approval of a Pre-Annexation Agreement with Michael M. and Janice M. Blok, for
property located at 14025 North Cascade Road, in conjunction with their request to con-
nect to City water. Upon motion the documents were received and filed, and Resolution
No. 101-18 Approving a Pre-Annexation Agreement Between the city of Dubuque, Iowa
And Michael M. And Janice M Blok was adopted.
RESOLUTION NO. 101-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MICHAEL M. AND JANICE M BLOK
Whereas, Michael M. and Janice M Blok, the 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 1 of Lot 2 of Lot 2 of Audrey Place, Section 7 and Section 8, Township 88 North,
Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa; and
Whereas, Michael M. and Janice M. Blok have entered into a Pre-annexation Agree-
ment with the City of Dubuque, a copy of which is [Provided] 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 Michael M. and Janice M.
Blok and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
29. Pre-Annexation Agreement - Christopher L. Wagner: City Manager recommending
approval of a Pre-Annexation Agreement with Christopher L. Wagner in conjunction with
a request for approval of the Plat of Survey of Lot 1-13 and Lot 2-13 Spring Valley Heights
Subdivision No. 1 in Dubuque County, Iowa. Upon motion the documents were received
and filed, and Resolution No. 102-18 Approving a Pre-Annexation Agreement Between
the city of Dubuque, Iowa and Christopher L. Wagner was adopted.
RESOLUTION NO. 102-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND CHRISTOPHER L. WAGNER
Whereas, Christopher L. Wagner, 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 12 and Lot 13 in "Spring Valley Heights Subdivision No. 1" in Section 24, Table
Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof;
and
Whereas, Christopher L. Wagner has entered into a Pre-annexation Agreement with
the City of Dubuque a copy of which [was provided] hereto governing the future annexa-
tion 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 Christopher L. Wagner and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
30. Workers' Compensation Settlement Agreement - Mark Weidenbacher: City Attor-
ney recommending approval of a Compromise Settlement Agreement regarding Workers'
Compensation Claim filed against the City of Dubuque by Leisure Services employee
Mark Weidenbacher. Upon motion the documents were received, filed and approved.
31 . Compensation Package for Non-Bargaining Unit Employees for Fiscal Year 2019:
City Manager recommending approval for the wage plans in effective on June 30, 2018,
for general employee classifications and non-assigned classifications be increased by
1 .5% across the board on July 1 , 2018. Upon motion the documents were received and
filed, and Resolution No. 103-18 Approving the Compensation Package for Non-Bargain-
ing Unit Employees for Fiscal Year 2019 was adopted.
RESOLUTION NO. 103-18
APPROVING THE COMPENSATION PACKAGE FOR NON-BARGAINING UNIT EM-
PLOYEES FOR FISCAL YEAR 2019
Whereas, the City Manager has recommended the compensation package for Non-
Bargaining Unit Employees for Fiscal Year 2019; and
Whereas, the recommended compensation package for Non-Bargaining Unit employ-
ees is consistent with the compensation package to be received by employees repre-
sented by the Teamsters, Transit, Operating Engineers and Firefighter Bargaining Units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the compensation package for Non-Bargaining Unit employees for Fis-
cal Year 2019 is hereby passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
32. Signed Contract(s): Short-Term Farm Lease with Robert Bradley for tillable prop-
erty in Franklin D. Roosevelt Park; License Agreement with Hirschbach Motor Lines, Inc.
Upon motion the documents were received and filed.
33. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 104-18 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits; and Resolution No. 105-18 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 104-18
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:
T ,
Renewals
Clarke University 1550 Clarke Dr. Class C Liquor (Catering) (Out-
door) (Sunday)
Marco's Italian American 2022 Central Ave. Class C Liquor
Food
7 ,
Paro Food Mart 3200 Central Ave. Class C Beer (Sunday)
Catfish Charlie's 1630 E. 16th St. Class C Liquor, Brew Pub (Out-
door) (Sunday)
7 ,
Stone Cliff Winery, Inc. 600 Star Brewery Dr. Class C Native Wine (Outdoor)
(Sunday)
Buffalo Wild Wings 2805 N.W. Arterial Class C Liquor (Outdoor) (Sun-
day)
Adding A Privilege
+ + a
Millwork Marketplace 333 10th St. Adding Carryout Wine
New
Charlotte's Coffee House 1104 White St. Special Class C Liquor, Class B
Native Wine, Class B Wine
(Outdoor) (Sunday)
Dubuque Main Street 1069 Main St. Class C Beer (Outdoor)
+
Liquor Tobacco & Gas 1401 Central Ave. Class E Liquor, Class B Wine,
Class C Beer
Liquor Tobacco and 1998 Jackson St. Class E Liquor, Class B Wine,
Grocery Class C Beer
Special Events
+ + a
Americas River Corp. Class C Liquor (Outdoor)
6-6-18
Dubuque County Fine Arts Town Clock Plaza, Class B Beer (Outdoor) (Sun-
Society 5-18-18 700 Main St. day)
National Mississippi River Museum Parking Lot Special Class C liquor (Outdoor)
Museum & Aquarium/ Only
Taste of Dubuque 8-1-18
Rotary Club of Dubuque Transfer from 135 W. Special Class C Liquor (outdoor)
6-22-18 8th St. to Vacant Lot at (Sunday)
McGraw Hill
t +
The Venue 4-27-18 1285 Main St. Outdoor Service
Passed, approved, and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 105-18
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / 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 Location
Liquor Tobacco & Grocery 1998 Jackson St.
Liquor Tobacco & Gas 1401 Central Ave.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones 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 7-0.
1 . 17th Street Storm Sewer Improvements (Elm to Heeb Streets) Project Initiate: City
Manager recommending the initiation of the public bidding procedure for the 17th Street
Storm Sewer Improvements Project-Elm to Heeb Streets, adoption of the attached reso-
lutions preliminarily approving the proposed plans, specifications, form of contract, and
construction estimate, and further recommends that a public hearing be set for May 7,
2018. Upon motion the documents were received and filed, and Resolution No. 106-18
17th Street Storm Sewer Improvements Project - Elm to Heeb Preliminary Approval of
Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hear-
ing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the
Advertisement for Bids was adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on May 7, 2018 in the Historic Federal Building.
RESOLUTION NO. 106-18
17TH STREET STORM SEWER IMPROVEMENTS PROJECT - ELM to HEEB PRELIM-
INARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD-
VERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 17th
Street Storm Sewer Improvements Project - Elm to Heeb in the estimated amount of
$5,726,512.00 are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
A public hearing will be held on the 7th day of May, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The 17th Street Storm Sewer Improvements Project - Elm to Heeb is hereby ordered
to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the [Provided] Notice to Bidders to be pub-
lished in the Master Builders of Iowa Plan Room, The Construction Update Network and
posted on the City of Dubuque website at www.cityofdubuque.orq/bids and which notice
shall be published not less than thirteen but not more than forty-five days before the date
for filing bids before 2:00 p.m. on the 10th day of May, 2018. Bids shall be opened and
read by the City Clerk at said time and will be submitted to the City Council for final action
at 6:00 p.m. on the 21st day of May 2018, in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Dubuque Industrial Center West - Urban Renewal Plan Amendment (2018.1): City
Manager recommending approval of a Resolution of Necessity that finds that an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District is both necessary and appropriate and sets a public hearing on the
proposed amendment for May 21 , 2018. Upon motion the documents were received and
filed, and Resolution No. 107-18 Resolution of Necessity Finding that the Dubuque In-
dustrial Center Economic Development District Should be Amended to Remove Certain
Property from the District and Identify Additional Projects in the District, and Setting Dates
of Hearing and Consultation on a Proposed Amended and Restated Urban Renewal Plan
for said District was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on May 21 , 2018 in the Historic Federal Building.
RESOLUTION NO. 107-18
RESOLUTION OF NECESSITY FINDING THAT THE DUBUQUE INDUSTRIAL CEN-
TER ECONOMIC DEVELOPMENT DISTRICT SHOULD BE AMENDED TO REMOVE
CERTAIN PROPERTY FROM THE DISTRICT AND IDENTIFY ADDITIONAL PRO-
JECTS IN THE DISTRICT, AND SETTING DATES OF HEARING AND CONSULTA-
TION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR
SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 332-
16, adopted September 19, 2016, approved the Amended and Restated Urban Renewal
Plan (the "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop-
ment District (the "District") in order to provide redevelopment opportunities which will
further economic development purposes and objectives as described in the Urban Re-
newal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be further
amended and restated to add additional project details, including a manufacturing facility
project undertaken by Flexsteel Industries, Inc. within the District, provide information
about buildings to be constructed and financed by the County within the District, and re-
move property from a Subarea of the District; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, the City Council must adopt a resolution of necessity finding that the reha-
bilitation, conservation, redevelopment, development, or a combination thereof, of the
area is necessary in the interest of the public health, safety or welfare of the residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the proposed Urban Renewal Plan and proposed changes to the Dis-
trict's boundaries are necessary and appropriate to facilitate the proper growth and de-
velopment of the community in accordance with sound planning and local community
objectives:
The property proposed to be removed from Subarea C is legally described as follows:
A portion of Lot 2 of Dubuque Industrial Center North Second Addition described as
follows: Commencing at the most southeasterly corner of Lot 2 of Dubuque Industrial
Center North Second Addition; thence south 87 degrees 23 minutes 39 seconds west
along the south line of said Lot 2 a distance of 498.99 feet; thence north 15 degrees 24
minutes 42 seconds east along the westerly line of said Lot 2 a distance of 129.79 feet;
thence north 16 degrees 19 minutes 03 second west along the westerly line of said Lot 2
a distance of 179.83 feet; thence north 45 degrees 25 minutes 40 second west along the
westerly line of said Lot 2 a distance of 132.41 feet; thence south 77 degrees 24 minutes
30 seconds west along the westerly line of said Lot 2 a distance of 547.19 feet; thence
north 17 degrees 53 minutes 18 seconds west along the westerly line of said Lot 2 a
distance of 403.10 feet; thence north 11 degrees 06 minutes 10 seconds west along the
westerly line of said Lot 2 a distance of 126.16 feet; thence north 03 degrees 38 minutes
34 seconds east along the westerly line of said Lot 2 a distance of 368.47 feet; thence
north 23 degrees 42 minutes 13 seconds east along the westerly line of said Lot 2 a
distance of 84.73 feet; thence south 66 degrees 17 minutes 47 seconds east a distance
of 1041 .76 feet; thence south 44 degrees 36 minutes 52 seconds east a distance of
298.76 feet to a point on the westerly right of way line of Innovation Drive; thence south
02 degrees 35 minutes 19 seconds east along said right of way line a distance of 337.66
feet; thence south easterly along said right of way line being a circular curve concave to
the east having a radius of 637.50 feet, a chord of 218.68 feet which bears south 12
degrees 27 minutes 53 seconds east, an arc length of 219.76 feet; thence southeasterly
along said right of way line being a circular curve concave to the west, having a radius of
476.09 feet, a chord of 20.44 feet which bears south 21 degrees 04 minutes 37 seconds
east, and arc length of 20.44 feet to the point of beginning, all in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the Dubuque Industrial Center Economic Development District, to accom-
plish the foregoing purposes and objectives, to include in such Urban Renewal Plan any
appropriate project activities and details, and to determine an appropriate date for and
conduct the consultation process required by law with affected taxing entities concerning
the proposed Urban Renewal Plan.
Section 3. That the City Council hold a public hearing on the adoption of the proposed
Urban Renewal Plan for the Dubuque Industrial Center Economic Development District
on May 21 , 2018 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubu-
que, Iowa 52001 . The notice of said hearing shall generally identify the area to be covered
by the Urban Renewal Plan and the scope of the urban renewal project activities planned
for such area, and said notice shall be published and available to the public not less than
four days nor more than twenty days before the date of said meeting. A copy of the notice
of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said
Urban Renewal Plan and the notice of public hearing, to the Dubuque Community School
District and the County Board of Supervisors, as the affected taxing entities.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Industrial Center West - Urban Renewal Plan Amendment (2018.2): City
Manager recommending approval of a Resolution of Necessity that finds that an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District is both necessary and appropriate and sets a public hearing on the
proposed amendment for May 21 , 2018. Upon motion the documents were received and
filed, and Resolution No. 108-18 Resolution of Necessity Finding that Certain Areas Ad-
jacent to the Established Dubuque Industrial Center Economic Development District Meet
the Definition of an Economic Development Area Under the Urban Renewal Law, That
Development of Said Area is Necessary in the Interest of the Residents of the City of
Dubuque, Iowa, and Setting Dates of Hearing and Consultation on a Proposed Amended
and Restated Urban Renewal Plan for Said District was adopted setting a public hearing
fora meeting to commence at 6:00 p.m. on May 21 , 2018 in the Historic Federal Building.
RESOLUTION NO. 108-18
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UN-
DER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA IS NEC-
ESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE,
IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") for the Dubu-
que Industrial Center Economic Development District (the "District") in order to provide
redevelopment opportunities which will further economic development purposes and ob-
jectives as described in the Urban Renewal Plan; and
Whereas, the City Council has most recently approved an Amended and Restated Ur-
ban Renewal Plan by Resolution 158-18, adopted May 21 , 2018, which Amended and
Restated Plan, among other things, removed certain undeveloped property from Subarea
C of the District; and
Whereas, the City Council has found that the undeveloped property removed from
Subarea C continues to meet the definition of an economic development area as found
in Chapter 403 of the Iowa Code and should be included as a new, distinct Subarea of
the District; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so designat-
ing such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Subarea K generally described in Exhibit A to this Resolution, which
is proposed to be added to the District, is an economic development area as defined by
Chapter 403 of the Iowa Code and is appropriate for an urban renewal project.
Section 2. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the Dubuque Industrial Center Economic Development District, such Ur-
ban Renewal Plan to include Subarea K within the District and such other modifications
to the property contained within the District as may be appropriate, and setting forth the
urban renewal projects that are currently expected to be undertaken in the District, and
the City Manager is further authorized to determine an appropriate date for and conduct
the consultation process required by law with affected taxing entities concerning the pro-
posed Urban Renewal Plan.
Section 3. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on May 21 , 2018 at 6:00 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa 52001 . The notice of said hearing shall generally identify
the area to be covered by the Urban Renewal Plan and the scope of the urban renewal
project activities planned for such area, and said notice shall be published and available
to the public not less than four days nor more than twenty days before the date of said
meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af-
fected taxing entities.
19
Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said
Urban Renewal Plan, the notice of public hearing, and, to the extent the Urban Renewal
Plan includes the use of tax increment revenues for a public building, an analysis of al-
ternative development and funding options for such public buildings, to the Dubuque
Community School District and the County Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Purina Drive Salt Storage Fabric Building: City Manager recommending initiation of
the public bidding procedure for the Purina Drive Salt Storage Fabric Building Project,
adoption of the attached resolutions preliminarily approving the proposed plans, specifi-
cations, form of contract, and construction estimate, and further recommends that a public
hearing be set for May 21 , 2018. Upon motion the documents were received and filed,
and Resolution No. 109-18 Purina Drive Salt Storage Fabric Building Project, Preliminary
Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of
Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Or-
dering the Advertisement for Bids; and Resolution No. 110-18 Approval of Preliminary
Plans, Specifications, Form of Contract, and Estimated Cost for the Purina Drive Salt
Storage Fabric Building were adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on May 21 , 2018 in the Historic Federal Building.
RESOLUTION NO. 109-18
PURINA DRIVE SALT STORAGE FABRIC BUILDING PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Purina
Drive Salt Storage Fabric Building Project in the estimated amount of $659,585 are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 21st day of May, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the [Provided] notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Purina Drive Salt Storage Fabric Building Project is hereby ordered to be adver-
tised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
20
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.orq/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 17th day of May, 2018. Bids shall be opened and read by the
City Clerk at said time and will be submitted to the City Council for final action at 6:00
p.m. on or about the 4th day of June 2018, in the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 110-18
APPROVAL OF PRELIMINARY PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE PURINA DRIVE SALT STORAGE FABRIC BUILD-
ING
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 costs for the
Purina Drive Salt Storage Fabric Building Project, in the estimated amount
$659,585, are hereby approved.
Passed, adopted and approved this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1 . Request to Rezone - Royal Oaks Development Corporation in Conjunction with An-
nexation: City Manager recommending the City Council table the public hearing on the
rezoning request of Royal Oaks Development to the May 21 , 2018 City Council meeting,
to allow time for the Zoning Advisory Commission to reconsider the rezoning at their May
2, 2018 meeting, and then provide a recommendation to the City Council for the May 21 ,
2018 meeting. Motion by Jones to table until the May 21 , 2018 meeting. Seconded by Del
Toro. Motion carried 7-0.
2. Voluntary Annexation - Portion of Silver Oaks Estates: City Manager recommending
the City Council table the public hearing on the voluntary annexation request of Royal
Oaks Development to the May 21, 2018 City Council meeting, to allow time for the Zoning
Advisory Commission to reconsider the rezoning at their May 2, 2018 meeting, and then
provide a recommendation to the City Council for the May 21 , 2018 meeting. Motion by
Jones to table until the May 21 , 2018 meeting. Seconded by Del Toro. Motion carried 7-
0.
3. Stone Valley Drive Rezoning Request: Proof of Publication on notice of public hear-
ing to consider a request from Sam Murley and Ron Klein to rezone 4 acres from C-3
General Commercial District to PUD Planned Unit Development with a PR Planned Res-
idential designation and the Zoning Advisory Commission recommending approval.
21
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 Larson. Mo-
tion failed 4-3 with Del Toro, Resnick and Rios voting nay.
Applicant Sam Murley, 14157 Deerfield Ct., provided a description of the project and
spoke of addressing many of the concerns area residents had in opposition to the project.
Planning Services Manager Laura Carstens provided a staff report. City Attorney Crenna
Brumwell explained the legal regulations that dictate City Council review and discussion
of certain zoning matters prior to the items coming before them.
Tobey Carroll, 6635 Kingsley Ln.; Ben Wilson, 6525 Kingsley Ct.; Molly Anderson,
6625 Kingsley Ln.; Jonathan Carroll, 6635 Kingsley Ln., Carol Krayer, 6615 Kingsley Ln.;
Jim Anderson, 6625 Kingsley Ln., spoke in opposition to the request citing increased traf-
fic and population density, pedestrian and child safety concerns, storm water runoff is-
sues, degradation of property values and marketability, lack of sidewalks, green space
and subdivision access points.
Planning Services Manager Laura Carstens, Zoning Advisory Commission Chair Tom
Henschel, and applicant Sam Murley provided rebuttal to the issues cited. Ms. Carstens
provided City Council with information about how the percent of opposition is calculated
which would require a super majority vote of the Council. City Council then debated the
matter.
Motion by Shaw to consider the first reading of a proposed ordinances Amending Ap-
pendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclas-
sifying Hereinafter Described Property Located South of Stone Valley Drive From C-3
General Commercial District to PUD Planned Unit Development District with a PR
Planned Residential District Designation and Adopting a Conceptual Development Plan.
Seconded by Larson. Motion failed 6-1 with Buol voting yay.
4. Request to Amend - Mercy Hospital Institutional District (ID): Proof of Publication on
notice of public hearing to consider request from Mercy Hospital to amend Institutional
District to allow a new surface parking lot east of helipad and Zoning Advisory Commis-
sion recommending approval. 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. Se-
conded by Del Toro. Applicant Toby Austin provided a description of the project. Planning
Services Laura Carstens provided a staff report. Motion carried 7-0
Motion by Jones for final consideration and passage of Ordinance No. 12-18 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Re-
scinding Ordinances 3-89, 38-90, 35-93 And 55-99, and Approval of an Amended Cam-
pus Development Plan for the Mercy Hospital Institutional District to Allow Construction
of a New Surface Parking Lot. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES 3-89, 38-90, 35-93
AND 55-99, AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN
FOR THE MERCY HOSPITAL INSTITUTIONAL DISTRICT TO ALLOW CONSTRUC-
TION OF A NEW SURFACE PARKING LOT
22
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, be amended by rescinding Ordinances 3-89, 38-90, 35-93 and 55-99, and
providing for the approval of an amended campus development plan for the Mercy Hos-
pital ID Institutional District to allow construction of a new surface parking lot, a copy of
which is on file with the City of Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-de-
scribed ID Institutional District:
1 . Principal permitted uses shall be limited to:
a. Hospitals.
b. Outpatient care facilities.
c. Office for administrative personnel or other institutional employees or af-
filiates.
d. Classrooms, laboratories, lecture halls, auditoriums and similar places of
institutional assembly.
e. Off-street parking and loading.
f. Facilities and operations for the diagnosis, care, and treatment of human
health disorders, including examinations in operating rooms, physical therapy
or x-ray facilities, psychiatric treatment, convalescent care, and similar hospi-
tal-related uses. This provision shall include separate doctors' clinics, drug
stores, and other medical facilities not owned or operated by the principal in-
stitution and included in the conceptual development plan.
2. Accessory Uses. The following uses shall be permitted as accessory uses in
the above-described ID Institutional District.
a. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or
magazine stands, but only when operated or located entirely within a principal
building.
b. As an accessory use to a medical institution, and allocated entirely within
a principal building, facilities for the compounding, dispensing, or sale of drugs
or medicines, prosthetic devices, lotions and preparations, dental care sup-
plies, eyewear, bandages or dressings, and similar medical or health-related
supplies.
c. Group daycare center.
d. All uses customarily incidental to the principal permitted uses in conjunc-
tion with which such accessory use is operated or maintained, but not to in-
clude commercial uses outside the principal building.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
All buildings, structures, and activities shall be located in substantial conformance
with the attached Campus Development Plan and subsequent amended campus
development plans.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be
established in conformance with Section 5-22 of the Unified Development Code and
the following standards:
1 . The storm water control shall be designed and built in accordance with City
23
Regulations subject to review and approval by the City of Dubuque Engineering
Department.
2. That appropriate erosion and sediment control will be installed prior to com-
mencement of any land disturbing activity related to the subject project, including
all required state and city permits related to erosion control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the Unified
Development Code.
5. All utilities, including telephone and cable television, shall be installed un-
derground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13 of
the Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows.
1 . The number of spaces, location, and design of the new parking lot shall be
in substantial compliance with the amended campus plan.
2. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with the
adopted Institutional District regulations.
E. Signage
The following regulations shall apply to all signs in the Mercy ID Institutional Dis-
trict as follows:
1 . The maximum allowable area limitation for wall-mounted identification signs
for Mercy Hospital shall be established at 350 square feet per property street
frontage adjoining Langworthy, Mazzuchelli, Wooten and Dodge. The maximum
size of any one sign shall not exceed 250 square feet and the maximum number
of signs for any one frontage shall not exceed eight.
2. The maximum allowable area limitation for freestanding identification signs
for Mercy Hospital shall be established at 350 square feet per property street
frontage adjoining Langworthy, Mazzuchelli, Wooten and Dodge. The maximum
size of any one sign shall not exceed 250 square feet and the maximum number
of signs for any one frontage shall not exceed four.
3. All existing wall-mounted and freestanding signs may be relocated as is
required by additions, alterations, or changes in building configuration for Mercy
Hospital. The square footage limitations herein above described in Nos. 1 and 2
shall apply.
4. A maximum area of 350 cumulative square feet of sign face per each front-
age on Wooten, Hill and Langworthy for Medical Associates Clinic be established.
The maximum area of any sign shall not exceed 200 square feet and the maxi-
mum number of signs shall not exceed 12.
5. That all other sign regulations not herein identified shall conform to Section
16-5 of the Unified Development Code.
F. Ordinance History
3-89: Mercy Hospital/Medical Associates building addition, parking lot im-
provements and rezoning adjoining property from R-2 to ID.
38-90: Extension of construction schedule.
35-93: Mercy Hospital/Medical Associates building expansion and property
along Hill Street added.
24
55-99: Clara Street property added.
G. Additional Standards
That all previously approved campus development plans are hereby amended to
allow for the [Provided] campus development plan.
H. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires rezoning
of the property to an appropriate zoning district.
I. Modifications
Any modifications of this Ordinance must be approved by the City Council in ac-
cordance with zoning reclassification proceedings of Article 9 of the Unified Devel-
opment Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take affect upon publications, as provided
by law.
Passed, approved and adopted this 16th day of April, 2018.
/s/David T. Resnick, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of April, 2018.
/s/Kevin S. Firnstahl, City Clerk
5. Request to Amend - Historic Millwork District Planned Unit Development (PUD):
Proof of Publication on notice of public hearing to consider a request from City of Dubuque
to amend the Historic District PUD to accommodate an off-street parking lot at 1146 Elm
Street and Zoning Advisory Commission recommending approval. 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 Larson. Planning Services Manager
Laura Carstens spoke for the City of Dubuque as applicant and provided a staff report.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 13-18 Amending
Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by
Rescinding Ordinance 19-16 Which Provides Regulations fora PUD Planned Unit Devel-
opment District with a Planned Commercial Designation for the Historic Millwork District
PUD and Now Being Amended to Allow a New Surface Parking Lot at 1146 Elm Street.
Seconded by Larson. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-18
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 19-16 WHICH PRO-
VIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK
DISTRICT PUD AND NOW BEING AMENDED TO ALLOW A NEW SURFACE PARK-
ING LOT AT 1146 ELM STREET
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
25
Section 1 . That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 19-16 which provides regula-
tions for a Planned Unit Development District with a Planned Commercial District desig-
nation for the Historic Millwork District, and now being amended to allow a new surface
parking lot at 1146 Elm Street.
A. Use Regulations: The following regulations shall apply to all uses made of land
in the above-described PC Planned Commercial District:
Principal permitted uses: The following uses are permitted in the Historic Millwork
District PUD:
1 . Places of religious exercise or assembly.
2. Public, private or parochial school approved by State of Iowa (K-12).
3. Public or private park, golf course, or similar natural recreation area.
4. Railroad and public or quasi-public utility, including substation.
5. Residential use.
6. Housing for the elderly and persons with disabilities (not identified with (5)
above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11 . General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21 . Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31 . Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
26
40. Mail order house.
41 . Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Accessory Uses: The following accessory uses are permitted in the Historic Millwork
District PUD:
1 . Any use customarily incidental and subordinate to the principal use it serves.
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar, or tavern.
Conditional Uses: The following conditional uses are permitted in the Historic Mill-
work District PUD, subject to the provisions of Article 8 of the Unified Development
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a condi-
tional use.
1 . Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or engineering, provided that such use
complies with all local, state, and federal regulations governing hazardous sub-
stances, hazardous conditions, hazardous wastes, and hazardous materials.
10. Freight transfer facility.
11 . Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic products,
components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or clocks;
medical, dental, optical or similar scientific instruments; orthopedic or medical appli-
ances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or products
from the following substances: clothing or textiles; rubber, precious or semiprecious
stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; con-
crete; feathers; fur; cork; and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to obstruct
public streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are awaiting the
outcome of the state's decision; and
27
c. Such use shall not be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing, or
renting vehicles.
d. The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long as the
licensed child care center is so located, continue to comply with all local, state
and federal regulations governing hazardous substances, hazardous conditions,
hazardous wastes, and hazardous materials.
e. If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, as amended, the Emergency
Management Director shall certify whether or not the applicant has submitted a
current inventory of extremely hazardous substances kept or stored on the prem-
ises. If any such extremely hazardous substances are kept or stored on the prem-
ises, the applicant shall also post in a conspicuous place on the premises a notice
indicating a description of the extremely hazardous substances, and the physical
and health hazards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the City, both writ-
ten and drawn, that details where the children will go in the event of a hazardous
materials incident. The plan shall include a "house in place" scenario in which the
children can be kept safely within a room of the building that has no penetration
to the outside (windows, doors, etc.).
g. Applicant shall submit plans for approval by the City that indicate the instal-
lation of a main emergency shut-off switch for the heating, ventilation, and air
conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous
materials.
20. Microbrewery, winery and distillery, provided that:
a. Any products or wastes containing odor producing substances emanating
from a building or property associated with a microbrewery, winery or distillery, in
such concentrations to create a public nuisance, as established by the city man-
ager, shall be prohibited.
b. The operation of a microbrewery, winery or distillery facility shall not cause
any loud and excessive noise that result in annoyance or discomfort to a reason-
able person.
B. Lot and Bulk Regulations
The following bulk regulations shall apply in the Historic Millwork District PUD, sub-
ject to the provisions of the Unified Development Code.
1 . Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New construction on the blocks between 12th
Street and 11th Street should transition in scale from the Washington Neighborhood
to the District PUD.
C. Sign Regulations
1 . The number, size and location of signs in the Historic Millwork District PUD
shall be regulated in accordance with Exhibit C and all other applicable regulations
of Article 15 of the Unified Development Code.
28
2. A comprehensive sign plan is required as part of the sign permit submittal for
all multi-tenant buildings.
3. Free-standing signs in the District PUD shall be monument-style signs.
4. The design of signage shall comply with the Downtown Design Guidelines for
signs. Waiver requests from these guidelines shall be reviewed by the Historic
Preservation Commission in accordance with the provisions of Article 10 of the Uni-
fied Development Code.
5. Variance requests from sign requirements established in Article 15 of the Uni-
fied Development Code shall be reviewed by the Zoning Board of Adjustment in
accordance with provisions of Article 8 of the Unified Development Code.
6. Off-premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards
Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic
Millwork District PUD that includes residential, retail, office, commercial, and industrial
uses requires both strategy and flexibility for its sustainability. The development and
maintenance of uses in the Historic Millwork District PUD conceptually should follow
the goals, objectives, and recommendations of the Historic Millwork District Master
Plan, incorporated herein by reference and on file in the Planning Services Depart-
ment. The development and maintenance of uses in the Historic Millwork District PUD
shall be regulated as follows:
1 . Conceptual Development Plan
a. Referenced herein as Section 5. Development Summary of the Historic Mill-
work District Master Plan, and shown on Exhibit B, on file in the Planning Services
Department, and made a part of this zoning reclassification by reference as the
Conceptual Development Plan for the Historic Millwork District PUD.
b. 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.
c. The Land Use / Development Patterns depicted in the Historic Millwork Dis-
trict Master Plan for ground floor uses reflect a predominance of residential uses;
however, for District sustainability, these ground floor uses shall be characterized
by a flexible designation for the Historic Millwork District PUD Conceptual Devel-
opment Plan as shown in Exhibit B.
d. That the Historic Millwork District PUD Conceptual Development Plan as
shown in Exhibit B is hereby amended to allow for a surface parking lot at 1146
Elm Street.
2. Parking Regulations: Off-street parking is not required as part of the Historic
Millwork District PUD. Off-street parking spaces may be provided in a building as an
accessory use, subject to review and approval under Building, Fire, and other appli-
cable City Codes. If a property owner chooses to provide surface off-street parking
within the District PUD, the City Council must first approve the request and the fol-
lowing regulations shall apply:
a. Parking lot design shall comply with the Downtown Design Guidelines for
surface parking lots.
b. All vehicle-related features shall be surfaced with standard or permeable
asphalt, concrete, or pavers.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material
by painted stripes or other permanent means.
29
e. The size and design of parking spaces shall be governed by applicable pro-
visions of the Unified Development Code enforced at the time of development of
the lot.
f. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state, or federal require-
ments in effect at the time of development.
3. Parking Structures: Parking structures (ramps) are allowed in the Historic Mill-
work District PUD subject to City Council review and the following standards:
a. Parking structures shall comply with the Downtown Design Guidelines for
parking facilities.
b. The size and design of parking spaces shall be governed by applicable pro-
visions of the Unified Development Code enforced at the time of development.
c. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state or federal require-
ments in effect at the time of development.
4. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries shall be designed and installed to shield
light from the luminaries at angles above 72-degrees from vertical.
ii. Fixtures mounted on a building shall not be positioned higher than the
roofline of the building.
iii. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
iv. The design of exterior lighting luminaries shall comply with the Downtown
Design Guidelines for signs. Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in accordance with the pro-
visions of Article 10 of the Unified Development Code.
5. Open Space
It is the intent of these regulations that the development of open spaces (if pro-
vided) shall reflect a high quality of environmental design. The following provisions
shall apply.
i. Open space plans are required as part of submittals for site plan review.
Such plans are to include type, number, and size of proposed plantings, paving
and other open space amenities. Open space areas shall be designed in com-
pliance with Downtown Design Guidelines and the Historic Millwork District
Master Plan.
ii. Within one (1) year following completion of construction, or by the date
that a building is issued an occupancy certificate by the Building Services De-
partment of the City of Dubuque, whichever occurs first, required open space
amenities shall be installed.
6. Stormwater Management: The developer shall be responsible for providing
stormwater management in a means that is satisfactory to the City Engineer and
consistent with the Historic Millwork District Master Plan. Sustainable, low impact
30
development techniques for stormwater management approved by the City Engi-
neer will be used where feasible. Other applicable regulations also enforced by the
City Engineer relative to stormwater management and drainage shall apply to the
subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the
principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein shall
be visually screened from view. The screening shall be completely opaque fence,
wall or other feature not exceeding a height of 10 feet measured from the ground
level outside the line of the screen. Screens built on sloping grades shall be
stepped so that their top line shall be horizontal. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar design to that
of the screen.
c. Exterior trash collection areas shall comply with the Downtown Design
Guidelines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior
storage areas shall comply with the Downtown Design Guidelines for service ar-
eas.
b. The use of semi-trailers and/or shipping containers for storage is prohibited.
9. Final site development plans shall be submitted in accordance with provisions
of Article 12 and Article 13 of the Unified Development Code prior to construction or
expansion of any buildings, free-standing signs, or parking facilities. The Downtown
Design Guidelines shall apply to site development in the District PUD, and shall take
precedence over the Design Standards for Big Box Retail Uses (over 100,000
square feet) and the Design Standards for Retail Commercial Uses (over 60,000
square feet) and Regional Shopping Centers in Article 13 of the Unified Develop-
ment Code.
10. Retail uses should be clustered around each other and adjacent to public
spaces, such as at the intersection of 10th and Washington Streets, in the Farley &
Loetscher and Kirby Buildings along 7th Street, and in a highly visible commercial
corridor at the east edge of the District along Elm Street.
11 . Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed-use buildings along the new block to be cre-
ated by realigning Elm Street in accordance with the Historic Millwork District Master
Plan.
E Ordinance History
1 . 20-10: Established Historic Millwork Planned Unit Development.
2. 38-13: Amendment for new city parking lots on Elm Street between 11th
and 12th Streets.
3. 10-15: Add Jeld-Wen/Stewart property to District.
4. 75-15: Amendment for new parking lot for Tru Fitness.
5. 19-16: Amendment to include microbrewery, winery, and distillery as a
conditional use.
F. Other Codes and Regulations
1 . Service Lines. All electric, telephone, cable, or other similar utility lines serv-
ing the building and other site features shall be located underground, where fea-
sible.
31
2. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws and other controls relative to the
planning, construction, operation and management of property within the city of
Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork District PUD shall
include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the District
PUD.
H. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque,
with the Dubuque County Recorder as a permanent record of the conditions accepted as
part of this reclassification approval. This ordinance shall be binding upon the under-
signed and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 16th day of April, 2018.
/s/David T. Resnick, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of April, 2018.
/s/Kevin S. Firnstahl, City Clerk
6. Request to Amend - Dubuque South Pointe LLC Planned Unit Development (PUD):
Proof of Publication on notice of public hearing to consider a request from Dubuque South
Pointe LLC to revise Dubuque South Point PUD Planned Unit Development District to
modify setback and lot coverage requirements for townhouse dwellings and allow for a
privacy fence along South Pointe Drive and Zoning Advisory Commission recommending
approval. Motion by Larson to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro.
Representing the applicant, South Pointe, LLC, Aaron Healey spoke in support of the
project. Planning Services Manager Laura Carstens provided a staff report. Motion car-
ried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 14-18 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
Rescinding Ordinance 43-17 Which Provides Regulations for The South Pointe PUD
Planned Unit Development District with a Planned Residential Designation and Now Be-
ing Amended to Modify Setback and Lot Coverage Requirements for Townhouse Dwell-
ings and Allow for a Privacy Fence Along South Pointe Drive. Seconded by Del Toro.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RESCINDING ORDINANCE 43-17 WHICH PROVIDES
REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING
32
AMENDED TO MODIFY SETBACK AND LOT COVERAGE REQUIREMENTS FOR
TOWNHOUSE DWELLINGS AND ALLOW FOR A PRIVACY FENCE ALONG SOUTH
POINTE DRIVE
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 modify setback and lot coverage
requirements for townhouse dwellings and allow for a privacy fence along South Pointe
Drive.
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. [Provided] 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 De-
velopment shall be regulated by Section 16-5-2 of the City Code, R-1 Single-Family
Residential.
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 at-
tached dwellings and accessory structures.
1 . Development of property with Zone B of the South Pointe Planned Unit Devel-
opment shall be regulated by Section 16-5-5 of the Unified Development Code, R-
3 Moderate Density Multi-Family Residential, except that double-frontage lots with
two-unit townhomes and duplexes are allowed 10-foot setbacks along South Pointe
Drive and 50% lot coverage.
Zone C: General Purpose and Description: Zone C is intended to provide space for
commercial businesses to serve South Pointe and the surrounding community.
1 . Development of property within Zone C of the South Pointe Planned Unit De-
velopment shall be regulated by the provisions of Section 16-5-11 of the Unified
Development Code, C-2 Neighborhood Shopping Center District.
B. Bulk Regulations
Development of land within Zones A, B and C shall be regulated as follows:
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Setbacks
Min Lot rain Lot Max Lot F roll(feet) Min Side Mn Rear
Area Frontage Coverage - -
(scroare (%Id
fed) (fed) area) Min Max (feet) (feet)
Permited Uses
Place of religious exercise or 20,000 100 40 20 --- 20 20 75'
assem Id y,Schod
Single-fan ily detached dvrelling 5,000 50 40 20 50 - 6 20 30
Cordiional Uses
Bed and breakfast home 5.000 50 40 20 50 6 20 30
Licensed adult day services, 5,000 50 40 20 --- 6 20 30
Licensed child care center
_
Mortuary,funeral home or 20,000 100 40 20 --- 20 20 30
crem etorium
'May be erectedto a height rot exceeding 75 feet,provided that such buildings shall provide at least one additional foot of yard space
on all sides for each addtiorml foot by Mich such building exceeds the maximum height lim it of the district in Mich it is!coated.
Setbacks
Min Lot Min Lot Max Lot Front(feet) Min Min Max
Zone B Area Frontage Coverage Side Rear Height
(square
feet) (feet) 1 C36lot area) Min Max (feet) (feet) (feet)
Permtted Uses
M ultiple-fam ily(dx du max) 2,000/du 50 40 20 -- 4 20 30
Place of religious exercise or as- 20,000 100 40 20 -- 20 20 75'
sembly,School
Single-family detached dvrelling 5,000 50 40 20 50 4 20 30
Tovmhouse(six du max) 1,600ldu 16/du 50 10 -- 4N 20 30
No-family dvrelling 5,000 50 50 10 50 4 20 30
Condtional Uses
Individual zero lot line dvrelling 5,000 50 40-2 0 50 1010 20 30
Bed and breakfast home 5,000 50 40 20 50 4 20 30
Group home 5,000 50 40 20 -- 4 20 30
Hospice 5,000 50 40 20 -- 4 20 30
Housing for the elderly or disabled 20,000 100 40 20 -- 20 20 30
Licensed adult day services,Li- 5,000 50 40 20 -- 4 20 40
censed child care center
Mortuary,funeral home or trema- 20,000 100 40 20 -- 20 20 30
torium
Nursing orconvalescent home 20,000 100 40 20 -- 20 20 30
Off-premise residential garage -- --- -- 20 -- 4 6 15
Rooming or boarding house 5,000 50 40 20 -- 4 20 30
'Maybe erected to a height not exceeding 75 feet,provided that such buildings shall provide at least one additional foot of yard space
on all sides for each additional foot by v%hich such building exceeds the maidmum height limit of the district in v%hich it is located.
I I Setbacks
Min Lot Min Lot Max Lot Front(feet) Mit Side2 Mit Rear3
Zone C Area Frontage Coverage Max Height
(square (%bt
feet) (feet) area) Min 1 Max (feet) (feet) (feet)
All Uses — — — 10' — --- --- 30
Minimum 20feetfor 1- ales facing a street.
`When abutting a residential or office-residential district,a 20foot side setback is required.
When abuttin u a residential or office-residential district,a 20foot rear setback is required.
C. Parking and Loading Regulations
1 . The number, size and design of parking spaces shall be governed by applica-
ble provisions in Articles 13 and 14 of the City of Dubuque Unified Development
Code.
2. The number, size and design and location of parking spaces designated for
personswith disabilities shall be according to the local, state or federal requirements
in effect at the time of development.
3. The location and number of private driveway intersections with public streets
shall be reviewed and approved by the City Engineer.
D. Sign Regulations
1 -Applicability of City of Dubuque Ordinances:The provisions of the City of Dubu-
que Unified Development Code Article 15 Signs shall apply unless further regulated
by this section
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2. Signage for development zones within the South Pointe Planned Unit Devel-
opment shall be regulated as follows:
a. Within Zone A, Sign Regulations for the R-1 Single-Family Residential Dis-
trict, Section 16-15-11 .1 of the Unified Development Code, shall be followed.
b. 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.
c. 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 devel-
oped to serve South Pointe.
2. A six-foot high privacy fence along South Pointe Drive shall be allowed pro-
vided the fence is installed in compliance with SUDAS standards.
3. Platting: The conceptual development plan shall serve as the preliminary plat
for this PUD District. Subdivision plats and improvement plans shall be submitted in
accordance with Article 11 . Land Subdivision, of the City of Dubuque Unified Devel-
opment Code.
4. 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.
5. 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 appli-
cable regulations enforced by the City of Dubuque relative to storm water manage-
ment and drainage shall apply to properties in the PUD District.
6. 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 relative to the planning, construction, operation and management of prop-
erty in the PUD District.
F. Ordinance History
1 . Ordinance 14-16 established regulations for the South Pointe Planned Unit
Development.
2. Ordinance 43-17 amended South Pointe Planned Unit Development regula-
tions to designate additional building lots for townhomes.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District 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.
H. Modifications
35
Any modifications of this Ordinance must be approved by the City Council in accord-
ance with zoning reclassification proceedings of Article 9-5 of the Unified Development
Code.
I. 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 accepted 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 16th day of April, 2018.
/s/David T. Resnick, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of April, 2018.
/s/Kevin S. Firnstahl, City Clerk
7. University Avenue and Grandview Avenue Roundabout Project: Proof of Publication
on notice of public hearing to approval of the plans, specifications, form of contract and
estimated cost for the University Avenue and North Grandview Avenue Roundabout In-
tersection Improvement Project and City Manager recommending approval. Motion by
Jones to receive and file the documents and adopt Resolution No. 111-18 Approval of
Plans, Specifications, Form of Contract, and Estimated Cost for the University Avenue
and North Grandview Avenue Roundabout Intersection Improvement Project Iowa DOT
Project No. Stp-A-2100 (689)--86-31 . Seconded by Del Toro. Responding to questions
from the City Council, City Manager Van Milligen stated that the Jule Transit midtown
transfer station would be temporarily moved with a possible relocation later at University
Avenue and Asbury Road. Motion carried 7-0.
RESOLUTION NO. 111-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE UNIVERSITY AVENUE AND NORTH GRANDVIEW AVENUE
ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT IOWA DOT PROJECT
NO. STP-A-2100 (689)--86-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
University Avenue and North Grandview Avenue Roundabout Intersection Improvement
Project, in the estimated amount $1 ,399,287.00, are hereby approved.
Passed, adopted and approved this 16th day of April 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
8. Vacating Utility Easements - Tower Investments Subdivision: Proof of Publication
on notice of public hearing to consider approval of vacating any interest the City of Dubu-
que may have in utility easements located on LOT 1 -1-2 of Tower Investments Subdivi-
sion No. 1 (South Pointe Subdivision) and the City Manager recommending approval.
36
Motion by Jones to receive and file the documents and adopt Resolution No. 112-18 Dis-
posing of Property by Vacating Any Interest the City May Have in Utility Easements Lo-
cated on LOT 1-1-2 Tower Investments Subdivision No. 1 , in the city of Dubuque, Iowa.
Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 112-18
DISPOSING OF PROPERTY BY VACATING ANY INTEREST THE CITY MAY HAVE IN
UTILITY EASEMENTS LOCATED ON LOT 1-1-2 TOWER INVESTMENTS SUBDIVI-
SION NO. 1, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 84-18, dated the 2nd day of April, 2018,
declared its intent to dispose of the City interest in utility easements in real property, le-
gally described as:
Lot 1-1-2, Tower Investments Subdivision No 1 in the City of Dubuque, Iowa, ac-
cording to the recorded Plat of Easements
(the Property); [Provided] as Exhibit A and recorded as instruments 10011-95 and
10198-95 with the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 16th day of April, 2018 at 6:00 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that any interest the City holds in
the utility easements at the Property should be vacated and doing so is in the public in-
terest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1 . The City hereby vacates any interest it may hold in utility easements located
at the Property.
Section 2. The City Attorney or the City Attorney's designee is hereby authorized and
directed to take any action necessary to bring this matter to resolution.
Passed, approved, and adopted this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
9. John F. Kennedy Road and NW Arterial Right-Turn Lane Improvement Project: Proof
of Publication on notice of public hearing to approve the plans, specifications, form of
contract and estimated cost for the Northwest Arterial — JFK Intersection Right Turn Lane
Improvements Project and City Manager recommending approval. Motion by Larson to
receive and file the documents and adopt Resolution No. 113-18 Approval of Plans, Spec-
ifications, Form of Contract, and Estimated Cost for the Northwest Arterial - JFK Intersec-
tion Right Turn Lane Improvements Iowa DOT Project No. STP- A-2100 (688)--86-31 .
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 113-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE NORTHWEST ARTERIAL - JFK INTERSECTION RIGHT
TURN LANE IMPROVEMENTS IOWA DOT PROJECT NO. STP-A-2100 (688)--86-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
37
That the proposed plans, specifications, form of contract and estimated cost for the
Northwest Arterial / JFK Intersection Right Turn Lane Improvements Project, in the esti-
mated amount $140,000.00, are hereby approved.
Passed, adopted and approved this 16th day of April 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
10. 2018 Pavement Marking Project: Proof of Publication on notice of public hearing to
consider the approval of the plans, specifications, form of contract and estimated cost for
the 2018 Pavement Marking Project and the City Manager recommending approval. Mo-
tion by Jones to receive and file the documents and adopt Resolution No. 114-18 Ap-
proval of Plans, Specifications, Form of Contract, and Estimated Cost for the 2018 Pave-
ment Marking Project. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 114-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 2018 PAVEMENT MARKING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
2018 Pavement Marking Project, in the estimated amount $118,500.00, are hereby ap-
proved.
Passed, adopted and approved this 16th day of April 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Lynn Sutton, 525 W. Locust St.; and Tom LoGuidice, 786 Stone Ridge PI., spoke in
support of additional housing inspectors/inspections and cited several examples of ongo-
ing, non-compliant rental housing conditions. They encouraged the Council to enforce
annual housing inspections and looked forward to the upcoming 3-tier program expected
with the new fiscal year.
ACTION ITEMS
1 . Brewing & Malting Redevelopment Project Workforce Housing Tax Credits Applica-
tion - Resolution of Support: City Manager recommending approval of a Resolution of
Support for the Brewing & Malting Redevelopment Project at 3000-3040 Jackson Street
for an Application to the Iowa Economic Development Authority for Workforce Housing
Tax Credits. Motion by Larson to receive and file the documents and adopt Resolution
No. 115-18 Resolution of Support for an Application for Workforce Housing Tax Credits
for the Project at 3000-3040 Jackson Street. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 115-18
SUPPORT FOR AN APPLICATION FOR WORKFORCE HOUSING TAX CREDITS FOR
THE PROJECT AT 3000-3040 JACKSON STREET
38
Whereas, the City Council of Dubuque, Iowa has prioritized the redevelopment of the
Greater Downtown Urban Renewal Area, creation of downtown housing, and the remedi-
ation of dilapidated buildings; and
Whereas, the property at 3000-3040 Jackson Street (the Property) is located in the
Greater Downtown Urban Renewal Area and has received multiple notices and municipal
infractions for unsafe building conditions since 2008; and
Whereas, in 2016, 3000 Jackson LC (Developer) purchased the Property with the in-
tention of improving the Property to create a mixed-use development including downtown
housing; and
Whereas, the City Council finds that the redevelopment of the Property is in the best
interests of the city and its residents; and
Whereas, the submittal of a Workforce Housing Tax Credit application will provide as-
sistance to the Developer for much needed residential development; and
Whereas, the City Council desires to express support for the Developer's project to
secure Workforce Housing Tax Credits through the Iowa Economic Development Author-
ity; and
Whereas, City participation in the form of Tax Increment Financing will provide the
requisite local match to secure the Workforce Housing Tax Credits by providing a 10-
year, 100% reimbursement of new property taxes estimated at $1 .82 million over the 10-
year period.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Manager is authorized and directed to negotiate the terms and
conditions of a Development Agreement with 3000 Jackson LC for the redevelopment of
the Property.
Section 2. The City Manager is directed to present such Development Agreement to
the City Council for consideration, no later than June 18, 2018.
Section 3. The City Council of the City of Dubuque does hereby express its support for
the adaptive reuse of the Property a proposed by the Developer, and the City Manager is
hereby authorized and directed to do all things necessary to effectuate this Resolution as
required by Iowa law and to provide such reasonable assurances to the Developer and
the Iowa Economic Development Authority considered necessary or appropriate by the
City Manager under the circumstances to meet the threshold support and local match
requirements of the Workforce Housing Tax Credit program.
Section 4. That the Mayor is hereby authorized and directed to execute this Resolution
on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of April 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
2. 22nd Street Storm Sewer Capital Improvement Project Award (Elm to White Streets):
City Manager recommending award of the construction contract for the to the low bidder
Portzen Construction for the 22nd Street Storm Sewer Improvements Project — Elm to
White Streets. Motion by Jones to receive and file the documents and adopt Resolution
No. 116-18 Awarding Public Improvement Contract for the 22nd Street Storm Sewer Pro-
ject - Elm to White Streets. Seconded by Del Toro. Motion carried 7-0.
39
RESOLUTION NO. 116-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 22ND STREET STORM
SEWER PROJECT - ELM TO WHITE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the 22nd Street
Storm Sewer Project - Elm to White, (the Project) pursuant to Resolution No. 67-18 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 23rd day of March 2018.
Whereas, said sealed proposals were opened and read on the 10th day of April 2018
and it has been determined that Portzen Construction of Dubuque, IA, with a bid in the
amount of$2,548,366.71 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 Portzen Con-
struction and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 16th day of April, 2018.
David T. Resnick, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Shaw reiterated concerns expressed by Ms. Sutton and Mr. LoGuid-
ice during Public Input regarding unsafe rental housing conditions, shortage of available
rentals, and the need for housing inspections by asking what the Council can do.
City Manager Van Milligen recapped the forthcoming changes to the housing inspec-
tion program in conjunction with the start of the 2019 Fiscal Year that will come to Council
for review.
Council Member Larson added the need for pet-friendly housing and noted that she
had successfully completed her fundraising for the Dubuque Humane Society by getting
out of the "dog house."
Council Member Jones congratulated Portzen Construction on their recent ground-
breaking.
There being no further business, upon motion the City Council adjourned at 8:04 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
40