6 18 18 City Council Proceedings Official_ Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on June 18, 2018 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via Telephone); Council Members Del Toro, Jones, Larson, Rios,
Shaw; City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Resnick
City Clerk Kevin Firnstahl 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.
Appointment of Presiding Officer in the absence of the Mayor and Mayor Pro Tem:
Motion by Larson to appoint Council Member Jones as the Presiding Officer fo r this meet-
ing. Seconded by Shaw. Motion carried 6-0. Mr. Jones then took the Chair.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Healthy Homes Month (June 2018) was accepted by Lead and Healthy Homes Su-
pervisor Kim Glaser and Resiliency Coordinator Sharon Gaul.
2. Summer Learning Day (July 12, 2018) was accepted by Beth McGorry, Outreach
Coordinator for St. Mark Youth Enrichment, 1201 Locust Street.
CONSENT ITEMS
Motion by Shaw to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Larson. (Council Member Larson requested Item #21 be
held for separate discussion. Motion carried 6-0.
1. Minutes and Reports Submitted: City Council Proceeding of 6/4; Cable TV Commis-
sion of 6/6; Catfish Creek Watershed Management Authority of 6/6; Housing Commission
of 5/22; Human Rights Commission of 5/15, 5/21; Zoning Advisory Commission of 6/6;
Zoning Board of Adjustment of 5/24; Proof of Publication for City Council Proceedings of
5/14, 5/21. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Larry Dunton for property damage; Rainbo Oil Company
for property damage; State Farm subrogating for Lyla Ant for vehicle damage. Upon mo-
tion the documents were received, filed, and referred to the City Attor ney.
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3. Disposition of Claims: Larry Dunton for property damage; State Farm subrogating
for Lyla Ant for vehicle damage. Upon motion the documents were received, filed, and
concurred.
4. City of Dubuque Awards & Recognitions: City Manager providing a copy of the public
information brochure illustrating the awards and recognitions received by the City of
Dubuque. Upon motion the documents were received and filed.
5. Contracted Services Agreement for Fiscal Year 2019 with Community Foundation
of Dubuque: Every Child | Every Promise: City Manager recommending execution of the
attached Contracted Services Agreement with Community Foundation of Greater Dubu-
que: Every Child | Every Promise. Upon motion the documents were received, filed and
approved.
6. Contracted Services Agreement for Fiscal Year 2019 with Crescent Community
Health Center: City Manager recommending execution of the attached Contracted Ser-
vices Agreement with Crescent Community Health Center. Upon motion the documents
were received, filed and approved.
7. Contracted Services Agreement for Fiscal Year 2019 with Dubuque Area Conven-
tion and Visitors Bureau (Travel Dubuque): City Manager recommending execution of the
attached Contracted Services Agreement with the Dubuque Area Convention and Visi tors
Bureau (Travel Dubuque) to provide funding for tourist and convention development on
behalf of City. Upon motion the documents were received, filed and approved.
8. Contracted Services Agreement for Fiscal Year 2019 with Dubuque Area Labor
Management Council: City Manager recommending execution of the Contracted Services
Agreement with the Dubuque Area Labor-Management Council to provide funding for im-
provement and expansion of labor-management cooperation in the public and private
sector in the Dubuque area. Upon motion the documents were received, filed and ap-
proved.
9. Contracted Services Agreement for Fiscal Year 2019 with Dubuque Main Street:
City Manager recommending approval of the attached Contracted Services Agreement
with Dubuque Main Street and authorizes the Mayor to execute the contract on behalf of
the City. Upon motion the documents were received, filed and approved.
10. Dubuque Main Street Program Agreement for Fiscal Year 2019: City Manager rec-
ommending approval of the Program Agreement between Dubuque Main Street, the City
of Dubuque and the Iowa Economic Development Authority. Upon motion the documents
were received and filed, and Resolution No. 195-18 Resolution of Support and Financial
Commitment for the Main Street Program in Dubuque was adopted.
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RESOLUTION NO. 195-18
RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN
STREET PROGRAM IN DUBUQUE
Whereas, an agreement between the Iowa Economic Development Authority, Dubu-
que Main Street and the City of Dubuque for the purpose of continuing the Main Street
Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between Main Street
America and the Iowa Economic Development Authority to assist in the revit alization of
the designated Main Street project area of Dubuque Iowa; and
Whereas, the City Council of Dubuque endorses the goal of economic revitalization of
the designated Main Street District within the context of preservation and rehabilitation of
its historic buildings and supports the continuation of the Main Street Approach™ as de-
veloped by Main Street America and espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT;
Section 1. The City of Dubuque hereby agrees to support both financially and philo-
sophically the work of Dubuque Main Street, designates the Main Street Board to super-
vise the Executive Director and commits to appoint a city official to represent the City on
the local Main Street Board. The source of funds to support Dubuque Main Street will be
from the City’s General Fund.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
11. Contracted Services Agreement for Fiscal Year 2019 with DuRide: City Manager
recommending execution of the attached Contracted Services Agreement with DuRide.
Upon motion the documents were received, filed and approved.
12. Contracted Services Agreement for Fiscal Year 2019 with Greater Dubuque De-
velopment Corporation: City Manager recommending execution of the attached Con-
tracted Services Agreement with the Greater Dubuque Development Corporation for sup-
port of their economic development services. Upon motion the documents were received,
filed and approved.
13. Contracted Service Agreement for Fiscal Year 2019 with Inclusive Dubuque : City
Manager recommending execution of the attached Contracted Service Agreement with
Inclusive Dubuque. Upon motion the documents were received, filed and approved.
14. Contracted Services Agreement for Fiscal Year 2019 with Operation: New View
Community Action Agency: City Manager recommending execution of the attached Con-
tracted Services Agreement with Operation: New View Community Action Agency to pro-
vide funding for the agency to continue to provide services to help low-income and elderly
citizens achieve self-efficiency. Upon motion the documents were received, filed and ap-
proved.
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15. Contracted Services Agreement for Fiscal Year 2019 with Comm unity Foundation
of Greater Dubuque for Project H.O.P.E.: City Manager recommending execution of the
attached Contracted Services Agreement with Community Foundation of Greater Dubu-
que for Project H.O.P.E. Upon motion the documents were received, filed and approved.
16. Purchase of Services Grant Agreement - Dubuque County ISU Extension: City
Manager recommending approval of a Purchase of Services Grant Agreement with Dubu-
que County ISU Extension for Fiscal Year 2019. Upon motion the documents were re-
ceived, filed and approved.
17. Purchase of Services Grant Agreement - Four Mounds Foundation: Day Camp:
City Manager recommending approval of a Purchase of Services Grant Agreement with
Four Mounds Foundation for the Day Camp Program as part of the summer Neighbor-
hood Recreation Program for Fiscal Year 2019. Upon motion the documents were re-
ceived, filed and approved.
18. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City
Manager recommending approval of a Purchase of Services Grant Agreement with North-
east Iowa School of Music for part of the Neighborhood Recreation Program for Fiscal
Year 2018. Upon motion the documents were received, filed and approved.
19. Alliant Energy Amphitheater New Fee Schedule Revisions: City Manager recom-
mending approval of a new fee schedule for the Alliant Energy Amphitheater effective
July 1, 2018. Upon motion the documents were received, filed and approved.
20. Art on the River 2018 Exhibit Recommendations: Arts and Cultural Advisory Com-
mission recommending approval of the selections for the 2018 Art on the River exhibit.
Upon motion the documents were received, filed and approved.
21. Arts and Cultural Affairs Advisory Commission Grant Recomm endations for Spe-
cial Projects and Operating Support: Arts and Cultural Affairs Advisory Commission rec-
ommending approval of six Special Projects and 18 Operating Support Grant requests.
Motion by Larson to receive and file and approve. Seconded by Shaw. M s. Larson ex-
pressed her concerns over the potential proliferation of murals for the revitalization of the
Central Avenue Corridor questioning ultimate ownership the artwork, copywrite issues,
and future maintenance. She suggested a juried grant process that might include required
elements of the murals to include more community engagement. Arts and Cultural Affairs
Coordinator Debra Alleyne addressed the adjudication process the Commissions uses to
rate the project grants and how it relates to the mural project and content. Motion carried
6-0.
22. Pre-Annexation Agreement – Bockenstedt: City Manager recommending approval
of a Pre-Annexation Agreement with Mary Catherine Lee and Dennis John Bockenstedt,
for property located at 13897 North Cascade Road, in co njunction with their request to
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connect to City water. Upon motion the documents were received and filed, and Resolu-
tion No. 179-18 Approving a Pre-Annexation Agreement between the City of Dubuque,
Iowa and Mary Catherine Lee and Dennis John Bockenstedt was adopted.
RESOLUTION NO. 179-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MARY CATHERINE LEE AND DENNIS JOHN BOCKENSTEDT
Whereas, Mary Catherine Lee and Dennis John Bockenstedt, the owners of the follow-
ing described property in Dubuque County, Iowa (the Property) have submitted to the City
Council of the City of Dubuque an application for voluntary annexation of the Property to
the City of Dubuque:
Lot 2 of Lot 1 of Lot 1 of the west half of the Northwest Quarter of Sectio n 8, Town-
ship 88 North, Range 2 East of the Fifth Principal Meridian in Dubuque County,
Iowa; and
Whereas, Mary Catherine Lee and Dennis John Bockenstedt have entered into a Pre-
annexation Agreement with the City of Dubuque, a copy of which is attached her eto gov-
erning 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 Mary Catherine Lee and
Dennis John Bockenstedt and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
23. Plat of Survey for Lindenberg Place: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lindenberg Place. (693 Kaufmann Avenue). Upon mo-
tion the documents were received and filed, and Resolution No. 180-18 Approving the
Plat of Survey of Lindenberg Place in the City of, Iowa was adopted.
RESOLUTION NO. 180-18
APPROVING THE PLAT OF SURVEY OF LINDENBERG PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Lindenberg Place
in the City of Dubuque, Iowa; and
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Whereas, said Plat of Survey provides 0 feet of frontage for Lots 1 and 2 on a public
or approved private street, where street frontage is required by Section 11-14 of Title 16
of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said 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 Lots 1 and 2.
Section 2. That the Plat of Survey of Lindenberg Place is hereby approved a nd 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 18th day of June 2018
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
24. Cedar Lake Plaza Medical Office Site Plan: Zoning Advisory Commission recom-
mending approval of the Site Plan for Cedar Lake Plaza Medical Office on Cedar Cross
Road. Upon motion the documents were received, filed and approved.
25. Solid Waste Operations and Review Study Consulting Services Recommendation :
City Manager recommending approval of the selection of Foth Infrastructure and Environ-
ment, LLC as the consultant for the Solid Waste Operations and Rate Review Study.
Upon motion the documents were received, filed and approved.
26. IDOT State Recreational Trails Grant Application for the Bee Branch Connector :
City Manager recommending approval of an application to the Iowa Department of Trans-
portation for a State Recreational Trails Grant to complete the Bee Branch Creek Trail
Connector. Upon motion the documents were received and filed, and Resolution No. 181-
18 Authorizing State Recreational Trails Grant Application to Iowa Department of Trans-
portation for Bee Branch Creek Trail Connector was adopted.
RESOLUTION NO. 181-18
AUTHORIZING STATE RECREATIONAL TRAILS GRANT APPLICATION TO IOWA
DEPARTMENT OF TRANSPORTATION FOR BEE BRANCH CREEK TRAIL CON-
NECTOR
Whereas, the Iowa Department of Transportation has allocated grant funds in the State
Recreational Trails Grant Program for the development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes
the Bee Branch Creek Trail as a High Priority project.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Presiding Officer hereby is authorized to sign and the Planning Se rvices
Manager is hereby authorized to submit an application to the Iowa Department of Trans-
portation for State Recreational Trails Grant funds for the Bee Branch Creek Trail Con-
nector.
Section 2. That in the event said application is approved, the City Co uncil hereby pro-
vides its written assurance that the completed project will be adequately maintained for
its intended use in accordance with state requirements.
Passed, approved, and adopted this 18th day of June 2018
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
27. AmeriCorps Healthy Futures Grant Planning Application: City Manager recom-
mending approval of an AmeriCorps Healthy Future planning grant application to the Iowa
Commission on Volunteer Service. Upon motion the documents were received, filed and
approved.
28. 2019 AmeriCorps Summer-Only Grant Application: City Manager recommending
approval of the Iowa Commission on Volunteer Service 2018 -19 AmeriCorps Grant ap-
plication (AmeriCorps Partners in Learning Summer Program) fo r the summer of 2019.
Upon motion the documents were received, filed and approved.
29. Express Scripts, Inc. Employer Participation Agreement : City Manager recom-
mending approval of an Employer Participation Agreement between the City of Dubuque
and Express Scripts, Inc. Upon motion the documents were received, filed and approved.
30. McDonough Foundation Grant Application: City Manager recommending approval
of an application submitted by the City of Dubuque to the McDonough Foundation to fund
16 Red Baskets that provide feminine hygiene products for women in need in City build-
ings throughout Dubuque. Upon motion the documents were received, filed and ap-
proved.
31. Proposed amendment to Project Statement #1 of the Master Co -location and
Shared Services Agreement between the City of Dubuque and CS Technologies : City
Manager recommending approval of an amendment to an existing Master Agreement and
Project Statement in place between the City of Dubuque and CS Technologies. Upon
motion the documents were received, filed and approved.
32. 2018 Award Asphalt Overlay Access Ramp Project Four Award: City Manager rec-
ommending that the contract for the 2018 Asphalt Overlay Access Ramp Project Four
awarded to East Iowa Construction and be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
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33. Grand River Center North Parking Lot Repair Project Acceptance : City Manager
recommending acceptance of the public improvement construction contract for the Grand
River Center North Parking Lot Repair Project, as completed by Drew Cook & Sons Ex-
cavating. Upon motion the documents were received and filed, and Resolution No. 182-
18 Accepting the Grand River Center North Parking Lot Repair Project and authorizing
the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 182-18
ACCEPTING THE GRAND RIVER CENTER NORTH PARKING LOT REPAIR PRO-
JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Grand River Center North Parking
Lot Repair Project (the Project) has been completed and IIW, P.C. has examined the work
and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the IIW, P.C. recommends that the Project
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of IIW, P.C. is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Grand River Center North Parking Lot Repair Project capital improvement appropriation
for the contract amount of $44,823.20 less any retained percentage provided fo r therein
as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with
the provisions of Iowa Code chapter 573.
Passed, adopted and approved this 18th day of June, 2018.
34. Acceptance of Grant of Easement for Sanitary Sewer Uti lity from HWY 151 & 61
Development LLC: City Manager recommending acceptance of a Grant of Easement for
Sanitary Sewer Utility from HWY 151 & 61 Development, LLC across Part of Lot 1 and 2
in Riverview Plaza No. 3 in the City of Dubuque as part of the Kerper Boulevard Sanitary
Sewer Reconstruction Project. Upon motion the documents were received and filed, and
Resolution No. 183-18 Accepting a Grant of Easement for Sanitary Sewer Utility Across
Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 183-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 1 AND 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE,
IOWA
Whereas, HWY 151 & 61 Development, LLC has executed a Grant of Easement for
Sanitary Sewer Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby a pproves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 and
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2 in Riverview Plaza No. 3 in the City of Dubuque, Iowa from HWY 151 & 61 Development,
LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
35. Acceptance of Grant of Easement for Sanitary Sewer Utility from TLC Properties:
City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer Util-
ity from TLC Properties, Inc. over Part of Lot 1 Kerper Industrial Subdivision No. 2 in the
City of Dubuque as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project.
Upon motion the documents were received and filed, and Resolution No. 184-18 Accept-
ing a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 1 Kerper Industrial
Park No. 2 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 184-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 1 KERPER INDUSTRIAL PARK NO. 2 IN THE CITY OF DUBUQUE,
IOWA
Whereas, TLC Properties, Inc. has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 1 Kerper Industrial Park No. 2 in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 1
Kerper Industrial Park No. 2 in the City of Dubuque, Iowa from TLC Properties, Inc., a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
36. Acceptance of Grant of Easement for Storm Drain Utility from Wernimont: City
Manager recommending acceptance of a Grant of Easement for Storm Drain Utility from
Brianna L. Wernimont and Anthony J. Fury across part of Lot 89 in English Ridge Subdi-
vision No. 7 in the City of Dubuque as part of a recent water main extension project on
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English Mill Road. Upon motion the documents were received and filed, and Resolution
No. 185-18 Accepting a Grant of Easement for Storm Drain Utility across part of Lot 89 in
English Ridge Subdivision No. 7 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 185-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART
OF LOT 89 IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE,
IOWA
Whereas, Brianna L. Wernimont and Anthony J. Fury have executed a Grant of Ease-
ment for Storm Drain Utility across Part of Lot 89 in English Ridge Subdivision No. 7 in
the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, he reby approves of, accepts
and consents to the Grant of Easement for Storm Drain Utility across Part of Lot 89 in
English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from Brianna L. Wernimont
and Anthony J. Fury, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
37. Acceptance of Grant of Easement for Storm Drain Utility from English Ridge, LLC:
City Manager recommending acceptance of a Grant of Easement for Storm Drain Utility
from English Ridge, LLC across part of Lots 90, 92 and F in English Ridge Subdivision
No. 7 in the City of Dubuque as part of a recent water main extension project on English
Mill Road. Upon motion the documents were received and filed, and Resolution No. 186-
18 Accepting a Grant of Easement for Storm Drain Utility across part of Lots 90, 92 and
F in English Ridge Subdivision No. 7 in the city of Dubuque was adopted.
RESOLUTION NO. 186-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART
OF LOTS 90, 92, AND F IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF
DUBUQUE, IOWA
Whereas, English Ridge, LLC has executed a Grant of Easement for Storm Drain Utility
across Part of Lots 90, 92, and F in English Ridge Subdivision No. 7 in the City of Dubu-
que, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Storm Drain Utility across Part of Lots 90, 92,
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and F in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from English Ridge,
LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
38. Cooperative Funding Agreement for Primary Road Project Phase 3 – HMA Pave-
ment Milling and Resurfacing Project US52 White Street (9th to 11th Sts.) and 11th Street
(White to Elm Sts.): City Manager recommending authorization for the Mayor to execute
the Iowa Department of Transportation Cooperative Agreement for Primary Road Project
for the Hot Mix Asphalt (HMA) Pavement Milling and Resurfacing Project on US52 White
Street from 9th to 11th Street and on 11th Street from White to Elm Street. Upon motion
the documents were received and filed, and Resolution No . 187-18 Approving the Iowa
Department of Transportation Cooperative Agreement for Primary Road Project (Agree-
ment No. 2018-16-251) for the Phase 3 - HMA Pavement Milling and Resurfacing Project
on US52 White Street from 9th To 11th Street and on 11th Street from White to Elm Street
was adopted.
RESOLUTION NO. 187-18
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO. 2018-16-251)
FOR THE PHASE 3 - HMA PAVEMENT MILLING AND RESURFACING PROJECT ON
US52 WHITE STREET FROM 9TH TO 11TH STREET AND ON 11TH STREET FROM
WHITE TO ELM STREET
Whereas, the City of Dubuque is proceeding with the HMA Pavement Milling and Re-
surfacing Project on US52 White Street from 9th to 11th Street and on 11th Street from
White to Elm Street; and
Whereas, the segment of White Street from 9th to 11th and portions of 11th Street from
White to Elm Street are designated US Highway 52 and are under the jurisdiction of the
Iowa Department of Transportation; and
Whereas, the HMA Pavement Milling and Resurfacing Project on US52 White Street
from 9th to 11th Street and on 11th Street from White to Elm Street, will involve th e:
milling; transverse and longitudinal joint repair; pavement sub -base repair and patching;
HMA resurfacing of both thru lanes and parking areas; spot curb, driveway, and sidewalk
replacement; storm sewer improvements; installation of ADA pedestrian ramps; and wa-
ter main replacement; and
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use
of State funds for eligible construction costs for the HMA Pavement Milling and Resurfac-
ing Project on US52 White Street from 9th to 11th Street and on 11th Street from White to
Elm Street.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Cooperative Agreement for Primary Road Project (Agreement
2018-16-251) between the City of Dubuque and the Iowa Department of Transportation
is hereby approved for the HMA Pavement Milling and Resurfacing Project on US52
White Street from 9th to 11th Street and on 11th Street from White to Elm Street.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa
DOT Cooperative Agreement for Primary Road Project (Agreement 2018 -16-251) for the
HMA Pavement Milling and Resurfacing Project on US52 White Street from 9th to 11 th
Street and on 11th Street from White to Elm Street.
Passed, approved, and adopted this 18th day of June 2018
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
39. Iowa Department of Transportation (IDOT) Wetlands Agreement: City Manager
recommending authorization for the City to enter into an agreement with the Iowa Depart-
ment of Transportation for the construction and management of a stream and woodland
mitigation project that will offset impacts from the upcoming Iowa DOT Swiss Valley In-
terchange Project. Upon motion the documents were received and filed, and Resolution
No. 188-18 Approving the Iowa Department of Transportation Wetland Mitigation Agree-
ment (Agreement No. 2018-16-265) to construct stream and woodland improvements on
property owned and maintained by the City to mitigate impacts due to the Swiss Valley
Road Interchange Project was adopted.
RESOLUTION NO. 188-18
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION WETLAND MITIGA-
TION AGREEMENT (AGREEMENT NO. 2018-16-265) TO CONSTRUCT STREAM
AND WOODLAND IMPROVEMENTS ON PROPERTY OWNED AND MAINTAINED BY
THE CITY TO MITIGATE IMPACTS DUE TO THE SWISS VALLEY ROAD INTER-
CHANGE PROJECT
Whereas, the Iowa Department of Transpo rtation (Iowa DOT) is developing a project
to reconstruct U.S. Highway 20, beginning at Cottingham Road and ending at Seippel
Road; and
Whereas, the Swiss Valley Road Interchange Project (the Project) will tie into the
Southwest Arterial Project currently under construction and administered by the City; and
Whereas, the U.S. Army Corps of Engineers (Corps) has issued Iowa DOT a Section
404 Permit (the Permit) for the Project; and
Whereas, the Permit recognizes that the Project will result in unavoidable environmen-
tal impacts within the Catfish Creek watershed and that the Project can proceed if miti-
gated through the restoration, enhancement, creation and preservation of streams, wet-
lands, woodland and existing natural areas on the nearby property owned by th e City;
and
Whereas, Iowa DOT has proposed to construct stream and woodland improvements,
and other enhancements on City-owned property located in the SW¼ of Section 31, T -
89N, R-2E Dubuque Township that has a segment of South Fork Catfish Creek and an
unnamed tributary, along with associated wooded and grass riparian zones; and
13
Whereas, Iowa DOT has provided a Wetland Mitigation Agreement fo r the City’s con-
sideration; and
Whereas, the City Council has determined that execution of the Wetland Mitigation
Agreement is mutually beneficial to the City of Dubuque and the Iowa DOT.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Wetland Mitigation Agreement (Agreement 2018-16-265) between
the City of Dubuque and the Iowa Department of Transportation is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute two copies of
the Iowa Department of Transportation Wetland Mitigation Agreement and such other
documents as are necessary to implement the Agreement.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
40. Swiss Valley Interchange Project - Purchase Agreement Accepting Plat of Survey
for Chesterfield Drive Extension: City Manager recommending authorization for the City
to enter into a Purchase Agreement with the Iowa Department of Transportation for the
acceptance of the plat of survey for land to be dedicated as public right -of-way for the
new extension of Chesterfield Drive to be constructed by the Iowa DOT as part of the
Swiss Valley Interchange Project. Upon motion the documents were received and filed,
and Resolution No. 189-18 Approving Purchase Agreement with The Iowa Department
of Transportation Including the acceptance of the Plat of Survey for land to be dedicated
as public Right-of-Way for the extension of Chesterfield Drive in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 189-18
APPROVING PURCHASE AGREEMENT WITH THE IOWA DEPARTMENT OF
TRANSPORTATION INCLUDING THE ACCEPTANCE OF THE PLAT OF SURVEY
FOR LAND TO BE DEDICATED AS PUBLIC RIGHT-OF-WAY FOR THE EXTENSION
OF CHESTERFIELD DRIVE IN THE CITY OF DUBUQUE, IOWA
Whereas, the Iowa Department of Transportation (Iowa DOT) is d eveloping a project
to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel
Road, and constructing a new system interchange at the intersection of US Highway 20
and Swiss Valley Road; and
Whereas, the Iowa DOT is the lead agency for the development and construction of
the extension of Chesterfield Drive to Barrington Lakes; and
Whereas, once completed, Chesterfield Drive will fall under the jurisdiction of the City;
and
Whereas, the proposed Chesterfield Drive alignment goes through existing City prop-
erty which will need to be platted by the Iowa DOT and dedicated as public right -of-way
for street and utility purposes; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a Purchase Agreement, and plat dated the 15th day of December 2017, prepared by Brian
J. Jensen, HDR Engineering Inc., platting a portion of land located in Lot K of English
14
Ridge Subdivision, a Subdivision in the NW ¼ of the NW ¼ of Section 5, Township 88
North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa; and
Whereas, the Purchase Agreement states that 0.47 acres presently held by the City
as public land will be platted, conveyed, and held in fee title by the City for roadway pur-
poses; and
Whereas, the Purchase Agreement states that 0.09 acres presently held by the City
as public land will be platted, conveyed, and held as a temporary easement by the City
for the purpose of construction grading; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Purchase Agreement between the City of Dubuque and the Iowa
Department of Transportation be hereby approved, including acceptance of the plat of
survey for land to be dedicated as public right-of-way for the extension of Chesterfield
Drive to be constructed as part of the Swiss Valley Interchange Project.
Section 2. That the Mayor is hereby authorized and directed to execute t he Purchase
Agreement between the City of Dubuque and the Iowa Department of Transportation.
Passed, approved, and adopted this 18th day of June 2018
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
41. Swiss Valley Interchange Project - Purchase Agreement Approving Plat of Survey
for Landfill Frontage Road: City Manager recommending authorization for the City to enter
into a Purchase Agreement with the Iowa Department of Transportation for the ac-
ceptance of the plat of survey for land to be dedicated as public right-of-way for the new
Landfill Access Road to be constructed by the Iowa DOT as part of the Swiss Valley
Interchange Project. Upon motion the documents were received and filed, and Resolution
No. 190-18 Approving Purchase Agreement with the Iowa Department of Transportation
including the acceptance of the Plat of Survey for land to be dedicated as public Right-of-
Way for the Landfill Frontage Road in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 190-18
APPROVING PURCHASE AGREEMENT WITH THE IOWA DEPARTMENT OF
TRANSPORTATION INCLUDING THE ACCEPTANCE OF THE PLAT OF SURVEY
FOR LAND TO BE DEDICATED AS PUBLIC RIGHT-OF-WAY FOR THE LANDFILL
FRONTAGE ROAD IN THE CITY OF DUBUQUE, IOWA
Whereas, the Iowa Department of Transpo rtation (Iowa DOT) is developing a project
to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel
Road, and constructing a new system interchange at the intersection of US Highway 20
and Swiss Valley Road; and
Whereas, the Iowa DOT is the lead agency for the development and construction of
the Landfill Frontage Road; and
Whereas, once completed, the Landfill Frontage Road will become the jurisdiction of
the City; and
15
Whereas, the proposed Landfill Frontage Road alignment goes throu gh existing City
property which will need to be platted by the Iowa DOT and dedicated as public right -of-
way for street and utility purposes; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a Purchase Agreement and plat dated the 15th day of December 2017, prepared by Brian
J. Jensen, HDR Engineering Inc., platting a portion of land located in Lot A of Dubuque
Industrial Center South First Addition located in the SW ¼ of the SE ¼ and in the NW ¼
of the SE ¼ of Section 31, along with Lot 1 of Lot 2, Lot 2 of Lot 2 and Lot 3 of Lot 2 in
the subdivision of the SW ¼ of the SE ¼ of Section 31, all in Township 89 North, Range
2 East of the 5th P.M., in the City of Dubuque, Iowa; and
Whereas, the Purchase Agreement states tha t 5.84 acres presently held by the City
as public land will be platted, conveyed, and held in fee title by the City for roadway pur-
poses; and
Whereas, the Purchase Agreement states that 0.86 acres presently held by the City
as public land will be platted, conveyed, and held as a permanent easement by the City
for the purpose of storm water and culvert drainage; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Purchase Agreement between the City of Dubuque and the Iowa
Department of Transportation is hereby approved, including acceptance of the plat of
survey for land to be dedicated as public right-of-way for the Landfill Frontage Road to be
constructed as part of the Swiss Valley Interchange Project.
Section 2. That the Mayor is hereby authorized and directed to execute the Purchase
Agreement between the City of Dubuque and the Iowa Department of Transportation.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
42. Letter of Support for Lumber Shed Project: City Manager recommending approval
of a Letter of Support to Gronen Properties in support of their development of the Lumber
Shed project in the Historic Millwork District. Upon motion the documents were received,
filed and approved.
43. Temporary Full-Time Budget Analyst Position: City Manager recommending the
creation of a temporary, full-time Budget Analyst position effective July 1, 2018 through
March 29, 2019. Upon motion the documents were received, filed and approved.
44. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest
Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project Three; McDermott Excavating
for the Locust Street Intersection Improvement Project. SELCO, Inc., for the 2018 Paving
Marking Project. Upon motion the documents were received, filed and approved.
16
45. 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. 191-18 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. 192-18 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 191-18
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:
Renewals
7 Hills Brewing Co. 1085 Washington St. Class C Liquor, Brew Pub (Outdoor)
(Sunday)
Adobo's Mexican Grill 756 Main St. Class C Liquor (Catering) (Outdoor)
Creslanes Bowling 255 S. Main St. Class C Liquor (Sunday)
McCann's Service 690 W Locust St. Class C Beer (Sunday)
Paul's Tavern 176 Locust St. Class C Liquor (Sunday)
Walgreens #11942 345 E. 20th St. Class E Liquor, Class B Wine, Class
B Beer (Sunday)
New
Locust Quick Mart 690 W. Locust St. Class C Beer, Class B Wine (Sun-
day)
Steeple Square 101 E. 15th St. Class C Liquor (Catering) (Outdoor)
(Sunday)
Stout, LLC 1145 Locust St. Special Class C Liquor (Living Qtrs.)
(Outdoor)
Super Stop II 700 Rhomberg Ave. Class E Liquor, Class B Wine, Class
C Beer (Sunday)
17
Passed, approved, and adopted this 18th day of June 2018
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 192-18
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 Address
Big 10 Mart #10 1875 J.F. Kennedy Rd.
Big 10 Mart #13 2100 J.F. Kennedy Rd.
BP Fuel 1450 Loras Blvd.
Diamond Jo Casino 301 Bell St.
Dollar General Store #10074 2440 Gateway Dr.
Dollar General Store #6896 605 West Locust St.
Dollar General Store #7289 3250 Kennedy Cir. Ste. 8
Eagle Country Market 1800 Elm St.
Fas Mart #5159 2175 Central Ave.
Hammerheads Bar and Billiards 2095 Kerper Blvd., Suite #2
Kwik Star #236 2035 J.F. Kennedy Rd.
Kwik Star #495 2685 Dodge St.
Kwik Stop #300 1215 East 16th St.
Kwik Stop #325 1210 East 16th St.
Kwik Stop #48 3201 Central Ave.
Kwik Stop #58 3340 J.F. Kennedy Rd.
Kwik Stop #72 2255 Kerper Blvd.
Kwik Stop #74 2360 Central Ave.
Kwik Stop #76 2320 Gateway Dr.
Kwik Stop #78 4039 Pennsylvania Ave.
Kwik Stop #84 2335 University Ave.
Kwik Stop #86 2150 Twin Valley Dr.
Locust Quick Mart 6901 W. Locust St.
Sid's Beverage Store, Inc. 2727 Dodge St.
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Super Stop #2 700 Rhomberg Ave.
The Altered State 1533 Central Ave.
The Konnexion 1099 University Ave.
Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140
Vapor City Outlet 3330 Asbury Rd.
Walnut Tap 709 University Ave.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting or subsequent meeting.
1. Civil Service Commission: One, 4-year term through April 6, 2022 (Vacant term of
Nuehaus). Applicant: Phil Baskerville, 2945 Van Buren St. Mr. Baskerville spoke in sup-
port of his appointment and provided a brief biography.
2. Resilient Community Advisory Commission - Cross Representation & At-Large:
Cross Representation: One, 3-year term through June 30, 2021 (Expiring Cross-Repre-
sentation term of Roussell). Applicant: Laura Roussell, 3224 Bittersweet Ln. At-Large:
Two, 3-year terms through June 30, 2021 (Expiring At-Large terms of Booth, Darr). Ap-
plicants: Sara Booth, 876 Yale Ct. #3; Benjamin Darr, 419 Winona St.; Lalith Jayawick-
rama, 2360 Cherry St.; Laura Roussell, 3224 Bittersweet Ln. Ms. Booth and Mr. Darr
spoke in support of their respective appointments and provide d brief biographies.
Appointments were made to the following Boards/Commissions.
3. Arts and Cultural Affairs Advisory Commission -Business Professional – Living or
Working in Cultural and Entertainment District Qualification: One, 3-year term through
June 30, 2021 (Expiring term of Gregory - Business Professional – Living or working in
cultural and entertainment district). Applicants: Ryan Decker, 1192 Locust St #3; Tyler
Daugherty, 1390 Kaufmann Ave.; Paula Neuhaus, 793 West 3rd St.; Gina Siegert, 405
Southern Ave.; Amanda Steines, 861 Alpine St. #2.
Upon roll-call vote Paula Neuhaus was appointed to a 3-year term with the Business
Professional Living/Working in the CE Districts. Vote: Decker = -0-; Daugherty = Del Toro;
Neuhaus = Shaw, Buol, Jones; Siegert = Rios, Larson.
4. Arts and Cultural Affairs Advisory Commission - Business Professional Qualification:
One, 3-year term through June 30, 2021 (Expiring term of Siegert - Business Profes-
sional). Applicants: Gail Chavenelle, 1155 Kelly Ln.; Tyler Daugherty, 1390 Kaufmann
Ave.; Benjamin Drury, 1826 Ellis St. – Application Pulled; Rachael Ferraro, 2538 Jackson
St.; Jessica Heacock, 726 W. 11th St.; Paula Neuhaus, 793 West 3rd St.; Steven Rock,
900 South Grandview Ave.; Gina Siegert, 405 Southern Ave.; Amanda Steines, 861 Al-
pine St. #2; Lizz Tyler, 1030 Melrose Terr.; Vince Williams, 3965 Creston St.; Chad
19
Witthoeft, 430 Alpine St. Ms. Neuhaus’ application was removed from consideration fol-
lowing her appointment from the previous vote.
Upon a tie-breaker, roll-call vote, Gina Siegert was appointed to the 3-year term in the
Business Professional position. Vote: Chavenelle = -0-; Daugherty = Buol, Jones; Ferraro
= -0-; Heacock = -0-; Rock = -0-; Siegert = Rios, Larson, Del Toro; Steines -0-; Tyler =
Shaw; Williams = -0-; Witthoeft = -0-.
The City Council took a short recess at 6 27p.m. to 6:30 p.m. in an attempt work out a
telephone connection with Council Member Resnick. Not having success, Mr. Resnick
remained absent from the meeting.
5. Arts and Cultural Affairs Advisory Commission - At-Large Qualification: One, 3-year
term through June 30, 2021 (Expiring term of Henkels - At-Large). Applicants: Bibi Burke,
1155 Arrowhead Dr.; Gail Chavenelle, 1155 Kelly Ln.; Ryan Decker, 1192 Locust St #3;
Marcus DeJesus, 2951 Olde Country Ln.; Tyler Daugherty, 1390 Kaufmann Ave.; Benja-
min Drury, 1826 Ellis St. – Application Pulled; Rachael Ferraro, 2538 Jackson St.; Jessica
Heacock, 726 W. 11th St.; Nate Jenkins, 590 Samuel St.; Paula Neuhaus, 793 West 3rd
St.; Steven Rock, 900 South Grandview Ave.; Gina Siegert, 405 Southern Ave.; Amanda
Steines, 861 Alpine St. #2; Lizz Tyler, 1030 Melrose Terr.; Vince Williams, 3965 Creston
St.; Chad Witthoeft, 430 Alpine St. Ms. Neuhaus’ and Ms. Siegert’s applications were
removed due to their appointments from the previous votes.
Upon roll-call vote, Tyler Daugherty was appointed to a 3-year, at-large term. Vote:
Chavenelle = 1; DeJesus = Rios, Larson; Daugherty = Buol, Del Toro, Jones. All other
applicants received -0- votes.
6. Cable Television Commission: Three, 3-year terms through July 1, 2021 (Expiring
terms of McMullen, Tigges and Vincent). Applicants: Kathleen McMullen, 1308 Curtis St.;
Jennifer Tigges, 4927 Wild Flower Dr.; Alan Vincent, 565 Woodland Ridge. Motion by
Shaw to appoint Ms. McMullen, Ms. Tigges and Mr. Vin cent were appointed to 3-year
terms. Seconded Larson. Motion carried 6-0.
7. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2021 (Ex-
piring terms of Daugherty and Parks). Applicants: Tyler Daugherty, 1390 Kaufmann Ave.;
Bryce Parks, 2005 N. Main St. Motion by Larson to appoint Mr. Daugherty and Mr. Parks
to 3-year terms. Seconded by Shaw. Motion carried 6 -0.
8. Historic Preservation Commission: Two, 3-year terms through July 1, 2021 (Expiring
At-Large term of Hilgendorf and Vacant At-Large term of Happ). One, 3-year term through
July 1, 2021 (Expiring Old Main District Interim term of Rapp). Applicants Qualify as At-
Large and as Interim Commissioner. Applicants: Emily Higendorf, 1511 N Algona St.;
Kayla Morrison, 3523 Lunar Dr.; Daniel (Joseph) Rapp, 27 Locust St. Motion by Larson
to appoint Ms. Higendorf and Ms. Morrison to the 3-year at-large terms. Seconded by
Rios. Assistant Planner Wally Wernimont clarified that district residency requirement is
not required for an interim commissioner. Motion carried 6-0.
Motion by Larson to appoint Mr. Rapp to the 3-year interim term. Seconded by Rios.
Motion carried 6-0.
9. Investment Oversight Commission: One, 3-year term through July 1, 2021 (Expiring
term of Becker). Applicant: Franz Becker, 1847 Finley St. Motion by Del Toro to appoint
Mr. Becker to the 3-year term. Seconded by Shaw. Motion carried 6-0.
20
10. Library Board of Trustees: (Mayor appointment) Two, 4-year terms through July 1,
2022 (Expiring terms of Kramer and Poggemiller). Applicants: Rosemary Kramer, 2554
Rosewood Dr.; Patricia Poggemiller, 3423 Arrowwood Ln. Upon Council concurrence,
Mayor Buol appointed Ms. Kramer and Ms. Poggemiller to the 4 -year terms.
11. Long Range Planning Advisory Commission: One, 3-year term through July 1, 2021
(Expiring term of Pregler). Applicant: John Pregler, 1525 Pego Ct. Motion by Shaw to
appoint Mr. Pregler to the 3-year term. Seconded by Del Toro. Motion carried 6-0.
12. Parks and Recreation Advisory Commission: One, 3-year term through June 30,
2020 (Vacant term of Klinge): One, 3-year term through June 30, 2021 (Expiring term of
Tigges). Applicants: Kim Daykin, 2751 Southgate; Matthew Garrett, 1877 North Ct.; Dan-
iel Rothert, 85 Fremont Ave.; Jennifer Tigges, 4927 Wild Flower Dr.
Upon roll-call vote, Ms. Tigges was appointed to the 3 -year term through June 30,
2021. (Vote: Garrett = Rios, Del Toro; Tigges = Shaw, Larson, Buol, Jones)
Upon roll-call vote, Mr. Garrett was appointed to the 3-year term through June 30,
2020.
13. Zoning Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term
of Roussell). Applicant: Laura Roussell, 3224 Bittersweet. Motion by Larson to appoint
Ms. Roussell to the 3-year term. Seconded by Shaw. Motion carried 6 -0.
Applications from male representatives will be held for 90 days in compliance with Iowa
Code 69.16A Gender Balance.
PUBLIC HEARINGS
1. Request to Rezone - Royal Oaks Development Corporation in Conjunction with An-
nexation - Tabled from May 21, 2018 Meeting: City Manager recommending that the City
Council table the public hearing on the rezoning request for Royal Oaks Development
Corporation to the July 16, 2018 meeting, to allow time for the Zoning Advisory Commis-
sion to reconsider the rezoning at their Ju ly 5, 2018 meeting and then provide a recom-
mendation to the City Council for the July 16, 2018 meeting.
Motion by Del Toro to remove the item from the table. Seconded by Shaw. Motion
carried 6-0.
Motion by Del Toro to table the item to the July 16, 2018 meeting. Seconded by Shaw.
Motion carried 6-0.
2. Voluntary Annexation -Portion of Silver Oaks Estates (Tabled from the May 21, 2018
Meeting): City Manager recommending the City Council table the public hearing on the
voluntary annexation request of Royal Oaks Development to the July 16, 2018 City Coun-
cil meeting, to allow time for the Zoning Advisory Commission to reconsider the rezoning
at their July 5, 2018 meeting, and then provide a recommendation to the City Council for
the July 16, 2018 meeting.
Motion by Shaw to remove the item from the table. Seconded by Del Toro. Motion
carried 6-0.
Motion by Del Toro to table the item to the July 16, 2018 meeting. Seconded by Shaw.
Motion carried 6-0.
21
3. Request to Rezone Holy Spirit Parish Property in the 2900 Block of Davenport
Street: Proof of publication on notice of public hearing to consider a request from Korrin
& Sean Schriver / Holy Spirit Parish to rezone approximately 4.5 acres of Holy Spirit Par-
ish property in the 2900 Block of Davenport Street from R-1 Single-Family Residential
Zoning District to AG Agricultural Zoning District with conditions and the Zoning Advisory
Commission recommending approval as a conditional rezoning. Motion by Larson to re-
ceive and file the documents and that the requirement t hat a proposed ordinance be con-
sidered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Del Toro. Applicant Korrin Shriver spoke
in favor the rezoning and provided a description and history of the project. Assistant Plan-
ner Wally Wernimont provided a staff report. Motion carried 6-0.
Motion by Larson for final consideration and passage of Ordinance No. 19-18 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Develop ment Code, by
reclassifying hereinafter described property located at 2900 Block of Davenport Street
from R-1 Single-Family Residential District to Ag Agricultural District, with conditions as
established in the attached Memorandum of Agreement . Seconded by Rios. Motion car-
ried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2900 BLOCK OF DAVENPORT STREET FROM R-1 SIN-
GLE-FAMILY RESIDENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT, WITH
CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREE-
MENT
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 reclassifying the hereinafter described property from
R-1 Single-Family Residential District to AG Agricultural District, to wit:
Lot 6 Weirich Heights, and to the centerline of the adjoining public right -of-way, all
in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of June, 2018.
/s/Kevin S. Firnstahl, City Clerk
4. Port of Dubuque Amendment to Planned Unit Development (PUD): Proof of publi-
cation on notice of public hearing to consider approval on an amendment to the Port of
Dubuque Planned Unit Development District by adjusting boundaries of Zone A and Zone
22
B and reference a new Conceptual Development Plan for Zone B and the Zoning Advisory
Commission recommending approval. Motion by Shaw to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Del Toro. Associate Planner Kyle Kritz provided a staff report and
responded to questions from the City Council by stating that the Comprehensive Plan
allows for flexibility and amendment. Motion carried 6 -0.
Motion by Shaw for final consideration and passage of Ordinance No. 20-18 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by re-
scinding Ordinance 31-02 and adopting a new ordinance which provides regulations for
the Port of Dubuque Riverfront District Planned Unit Development (PUD) with a PC
Planned Commercial Designation, by establishing new boundaries for Zone A and Zone
B and Adopting a new Conceptual Plan for Zone B. Seconded by Del Toro. Motion carried
6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RESCINDING ORDINANCE 31-02 AND ADOPTING A
NEW ORDINANCE WHICH PROVIDES REGULATIONS FOR THE PORT OF DUBU-
QUE RIVERFRONT DISTRICT PLANNED UNIT DEVELOPMENT (PUD) WITH A PC
PLANNED COMMERCIAL DESIGNATION, BY ESTABLISHING NEW BOUNDARIES
FOR ZONE A AND ZONE B AND ADOPTING A NEW CONCEPTUAL PLAN FOR
ZONE B
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 No. 31-02 and adopting a new
ordinance which provides regulations for the Port of Dubuque Riverfront District Planned
Unit Development PUD with a PC Planned Commercial designation by establishing new
boundaries for Zone A and Zone B, and adopting a new conceptual development plan for
Zone B, a copy of which is attached to and made a part hereof (Exhibit 3), for property as
stated below, to wit:
As shown in Exhibit 1, all in the City of Dubuque, Iowa.
Section 2. Conceptual Development Plans
A. Referenced herein as Exhibit 2, on file in the Planning Services Department and
made a part of this zoning reclassification by reference is the Conceptual Development
Plan for Zone A for the Port of Dubuque Riverfront District. It is recognized that minor
shifts or modifications to the general plan layout may be necessary and compatible
with the need to acquire workable street patterns, grades, and usable building sites.
B. Referenced herein as Exhibit 3, on file in the Planning Services Department and
made a part of this zoning reclassification by reference is the Conceptual Development
Plan for Zone B for the Port of Dubuque Riverfront District. It is recognized that minor
shifts or modifications to the general plan layout may be necessary and compatible
with the need to acquire workable street patterns, grades, and usable building sites.
23
Section 3. Definitions: The following definitions shall apply for purposes of this PUD
Ordinance, in addition to Section 2 Definitions of the Unified Development Code.
Indoor Restaurant: Any business establishment or portion thereof where food is pre-
pared for sale and consumption on the premises, including all sit-down restaurants, where
food and beverage are served in non-disposable containers and which may involve car-
ryout service and the serving of beer, wine and alcoholic beverages on the premises of a
limited nature as an accessory use to the restaurant.
Nightclub: An establishment dispensing beer, wine, and alcoholic beverages on the
premises in which music, dancing, or entertainment is conducted.
Office/Showroom: A product display or showroom facility with two primary uses: office
and showroom/display space. Storage, light assembly or shipping and receiving may oc-
cupy no more than 20 percent, and office use may occupy no more than 75 percent of
the facility’s gross floor area.
Theme Restaurant: Any business establishment or portion thereof with an historical,
architectural, cultural, or similar general theme, where food is prepared for sale for con-
sumption on-site in a café or al fresco setting, off the premises and/or served in disposa-
ble containers or wrappers, including fast food restaurants having a carryout service, and
where beer, wine, or alcoholic beverages are not served.
Theme Convenience Store with Subordinate Gas Station : Any retail establishment with
an historical, architectural, cultural, corner grocery or similar general theme, where food
is prepared for sale for consumption on-site in a deli or café setting, and also offering for
sale prepackaged food products, household items, newspapers and magazines, and
sandwiches and other freshly prepared foods such as salads, for off -site consumption,
and the sale of gas or other vehicular fuels subordinate to the principal use of the theme
convenience store.
Section 4. General Provisions for Zone A
A. Geographic Area: Zone A shall be the geographic area designated as “Zone A”
on Exhibit 1.
B. Use Regulations for Zone A
1. Principal Permitted uses:
a. Antique Shops
b. Aquariums
c. Bars/nightclubs
d. Bookstores
e. Boutique hotels or bed & breakfast inns
f. Cinemas/theaters
g. Coffee shops
h. Condominiums
i. Conference and education centers
j. Copy centers
k. Dry cleaners
l. Excursion services
m. Gambling facility licensed by the State of Iowa
n. General offices
o. Hotels
p. Indoor and outdoor recreational facilities
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q. Indoor restaurants
r. Marinas/pleasure craft harbors
s. Medical and professional offices
t. Microbreweries
u. Multi-family residential dwellings
v. Museums
w. Office/showrooms
x. Parking structures
y. Personal services
z. Public parks/plazas
aa. Public or quasi-public utilities
bb. Public transit/comfort stations
cc. Residential dwelling units above the first floor
dd. Retail sales and services
ee. Theme convenience stores with subordinate gas stations
ff. Theme restaurants
2. Prohibited Uses:
a. Outdoor golf courses and outdoor golf practice facilities, except miniature
golf.
b. Cellular communication towers.
c. Telecommunication processing and relay centers – i.e., “telecom hotels.”
d. Adult entertainment establishment, as defined in Chapter 8 of the City Code.
e. Industrial laundry and dry-cleaning plants.
f. Pawn shops.
g. New car and truck sales.
h. Used vehicle sales and service.
i. Resale shops.
j. Drive-thru facilities, except drive-up automated teller machines.
k. Stand-alone gas stations.
l. Vehicle fabrication/assembly/repair/body shops.
m. Tattoo parlors and body piercing shops.
3. Permitted Conditional uses:
a. Group day care centers, subject to state and local regulations and provided
that:
1. Such facility shall be located within an office, commercial or residential
building or s an accessory structure on the same lot.
2. Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets, nor create traffic or safety hazards; and
3. All licenses have been issued or have been applied for awaiting the out-
come of the Board’s decision.
b. Drive-up automated teller machines, provided that:
1. Ingress, egress, and traffic flow shall be acceptable to the City site plan
review team; and
2. Opaque screening shall be provided for adjacent residential uses.
4. Permitted Accessory Uses: Any use customarily incidental and subordinate to
the principal use it serves.
25
5. Permitted Temporary Uses: Any use of a limited duration as defined in Section
2 Definitions of the Unified Development Code, subject to the conditions set forth in
Section 16-3-19 Temporary Uses of the Unified Development Code.
C. Conceptual Development Plan and Performance Standards for New Develop-
ment, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone A.
1. Conceptual Development Plan: In Zone A, the Regulating Plan adopted on
March 4, 2002, as part of the Port of Dubuque Master Plan, shall serve as the con-
ceptual development plan, a copy of which is attached to and made a part hereof
as Exhibit A.
2. Performance Standards: In Zone A, the Design Standards adopted on March
4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new develop-
ment, change in use, and expansion of existing uses.
Section 5. General Provisions of Zone B.
A. Geographic Area: Zone B shall be the geographic area designated as “Zone B”
on Exhibit 1.
1. Permitted Principal Uses:
a. Antique Shops
b. Aquariums
c. Bars/nightclubs
d. Bookstores
e. Boutique hotels or bed & breakfast inns
f. Cinemas/theaters
g. Coffee shops
h. Condominiums
i. Conference and education centers
j. Copy centers
k. Dry cleaners
l. Excursion services
m. Gambling facility licensed by the State of Iowa
n. General offices
o. Hotels
p. Indoor and outdoor recreational facilities
q. Indoor restaurants
r. Marinas/pleasure craft harbors
s. Medical and professional offices
t. Microbreweries
u. Multi-family residential dwellings
v. Museums
w. Office/showrooms
x. Parking structures
y. Personal services
z. Public parks/plazas
aa. Public or quasi-public utilities
bb. Public transit/comfort stations
cc. Residential dwelling units above the first floor
dd. Retail sales and services
26
ee. Theme convenience stores with subordinate gas stations
ff. Theme restaurants
2. Prohibited Uses:
a. Outdoor golf courses and outdoor golf practice facilities, except miniature
golf.
b. Cellular communication towers.
c. Telecommunication processing and relay centers – i.e., “telecom hotels.”
d. Adult entertainment establishment, as defined in Chapter 8 of the City Code.
e. Industrial laundry and dry-cleaning plants.
f. Pawn shops.
g. New car and truck sales.
h. Used vehicle sales and service.
i. Resale shops.
j. Drive-thru facilities, except drive-up automated teller machines.
k. Stand-alone gas stations.
l. Vehicle fabrication/assembly/repair/body shops.
m. Tattoo parlors and body piercing shops.
4. Permitted Conditional uses:
a. Group day care centers, subject to state and local regulations and provided
that:
1. Such facility shall be located within an office, commercial or residential
building or s an accessory structure on the same lot.
2. The parking requirements can be met.
3. Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets, nor create traffic or safety hazards; and
4. All licenses have been issues or have been applied for awaiting the out-
come of the Board’s decision.
b. Drive-up automated teller machines, provided that:
1. Ingress, egress, and traffic flow shall be acceptable to the City site plan
review team;
2. The parking requirements can be met; and
3. Opaque screening shall be provided for adjacent residential uses.
4. Permitted Accessory Uses: Any use customarily incidental and subordi-
nate to the principal use it serves.
5. Permitted
Temporary Uses: Any use of a limited duration as defined in Section 2 Def-
initions of the Unified Development Code, subject to the conditions set f orth in
Section 16-3-19 Temporary Uses of the Unified Development Code.
C. Conceptual Development Plan and Performance Standards for New Develop-
ment, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone B
1. Conceptual Development Plan: In Zone B, the Preferred Site Concept Plan of
the South Port Area Wide Use Plan adopted on October 2, 2017, shall serve as the
conceptual development plan, a copy of which is attached to and made a part hereof
as Exhibit 3.
2. New Development, Change in Use and Expansion of Existing Uses: In Zone
B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque
27
Master Plan shall apply to all new development, change in use, and expansion of
existing uses.
3. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on
March 4, 2002, as part of the Port of Dubuque Master Plan shall apply in the event
of reconstruction of an existing use after destruction by more than fifty percent (50%)
of the replacement cost at the time of the destruction. In the event of destruction of
an existing use by less than fifty percent (50%) of the replacement cost at the time
of destruction, it may only be reconstructed if such reconstruction does not increase
the degree of nonconformity that existing prior to destruction.
4. Construction of New Parking Lots: In Zone B, construction of any new parking
lot shall comply with the Design Standards adopted on March 4, 2002, as part of t he
Port of Dubuque Master Plan.
5. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing
parking lot for an existing use shall not constitute the requirement to comply with the
Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master
Plan. However, the expansion of an existing parking lot in Zone B shall comply with
Section 14 Parking, Section 12 Site Plans and Section 13 -4 Landscaping and
Screening Requirements of the Unified Development Code.
6. Outdoor Storage – New Development, Change in Use and Expansion of Ex-
isting Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is
prohibited in Zone B for all new development, change in use, and expansion of ex-
isting uses. Seasonal equipment, supplies, etc. shall be either stored within each
facility or within a permanent accessory structure.
7. Outdoor Storage – Reconstruction of Existing Uses: Outdoor storage of any
kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of
reconstruction of an existing use after destruction by more than fifty percent (50%)
of the replacement cost at the time of destruction. Seasonal equipment, supplies,
etc. shall be either stored within each facility or within a permanent accessory struc-
ture. In the event of destruction of an existing use by less than fifty percent (50%) of
the replacement cost at the time of destruction, outdoor storage shall be subject to
the provisions of Section 5.D. of this PUD Ordinance.
D. Performance Standards for Existing Uses in Zone B
1. Nonconformities: If an existing use in Zone B is not listed in Section 5.B. Per-
mitted Uses of this PUD Ordinance at the time of adoption of Ordinance No. 31 -02
(April 15, 2002), it shall be considered a non-conforming use in accordance with
Section 4 Nonconformities of the Unified Development Code. It is recognized that
lawful nonconformities may substantially and adversely impact the orderly develop-
ment, maintenance, use and taxable value of other properties in this PUD District.
To secure eventual conformance with the South Port Area Wide Use Plan adopted
on October 2, 2017, and the Design Standards adopted on March 4, 2002, as part
of the Port of Dubuque Master Plan, nonconforming uses existing in Zone B at the
time of adoption of Ordinance No. 31-02 may continue subject to the provisions of
this ordinance, but may not expand in gross floor area nor change in use from one
nonconforming use to another nonconforming use.
2. Sign Regulations: The provisions of the Unified Development Code Section 15
Sign Regulations shall apply in Zone B unless further regulated by this section.
28
a. Nonconforming signs: Any existing sign in Zone B that is not in compliance
with the Design Standards adopted on March 4, 2002, as part of the Port of Dubu-
que Master Plan shall be considered a nonconforming sign in accordance with
Section 15-14 Nonconforming Signs of the Unified Development Code.
b. New Signs: The installation of any new signs for an existing use in Zone B
shall be in accordance with the Design Standards adopted on March 4, 2002, a s
part of the Port of Dubuque Master Plan.
c. Comprehensive Sign Program: A comprehensive sign program shall be de-
veloped in Zone B for the installation of new signs and for any alteration, improve-
ment or other change of nonconforming signs for existing individual businesses
or buildings, or for buildings which house more than one business, in accordance
with the Design Standards adopted on March 4, 2002, as part of the Port of Dubu-
que Master Plan.
d. Prohibited signs: The following types of signs are prohibited in Zone B. Any
existing sign in Zone B that falls into one or more of the following categories of
prohibited signs shall be considered a nonconforming sign.
1. Pole, pylon, or freestanding signs
2. Billboards
3. Internally illuminated awnings
4. Portable signs
5. Search lights
6. Audible or musical signs
e. Permissible signs: The following sign types are permissible in Zone B.
1. Non-illuminated awning signs
2. Canopy or marquee signs
3. Wall signs
4. Projecting signs
5. Window signs
6. Ground signs/monument signs
3. Non-accessory Outdoor Storage Prohibited: In Zone B, outdoor storage that is
not an accessory use to the principal use is prohibited. In Zone B, removal of the
non-accessory outdoor storage shall be required within eighteen (18) months of the
effective date of Ordinance No. 31-02, and shall be implemented according to the
following schedule:
0-6 months Conduct property review meeting with the City of Dubuque
Planning Services Department.
6-12 months Submit necessary plans and information describing compli-
ance plans to the Planning Services Department.
12-18 months Remove all non-accessory outdoor storage.
4. Outdoor Storage Accessory to the Principal Use:
a. Outdoor Storage Accessory to the Principal Use: In Zone B, outdoor storage
for existing uses is restricted to storage necessary for operation of the principal
use as an accessory use. Material stored must be screened from view from ad-
jacent rights-of-way and properties. Screening must be opaque and a minimum
of six (6) feet in height.
29
b. Outdoor Storage of Refuse: In Zone B, outdoor storage of freestanding
dumpsters or refuse containers is prohibited. Refuse shall be securely stored and
enclosed as part of the principal structure, and contained and disposed of in ac-
cordance with applicable state, county and city health, safety and environmental
codes. Where storage of food service/restaurant kitchen refuse is not accommo-
dated as part of the principal building, refuse storage is permissible in an acces-
sory storage enclosure.
c. Compliance Schedule for Accessory Outdoor Storage: In Zone B, compli-
ance with the accessory outdoor storage regulations of this sub -section shall be
required within five (5) years of the effective date of Ordinance No. 31 -02, and
shall be implemented according to the following schedule:
0 – 24 months Conduct property review meeting with Planning Services
Department.
24-48 months Submit necessary plans and information describing compli-
ance plans and improvements to the Planning Services De-
partment.
48-60 months Complete necessary modifications and improvements.
E. Variance and Appeal Process. In Zone B, requests for variances from the regu-
lations of this PUD ordinance, unless expressly prohibited by this PUD Ordinance, and
appeals of their interpretation by City staff shall be filed in accordance with Section 5-
3 Zoning Board of Adjustment of the Unified Development Code.
Section 6. Transfer of Ownership. Transfer of ownership or lease of property in this
PUD District shall include the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the establishment of the
district.
Section 7. 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 bind-
ing upon the undersigned and his/her heirs, successors, and assigns.
Section 8. The foregoing amendment has heretofore bee n reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 9. This Ordinance shall take effect upon publication as provided by law.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
Published in the Telegraph Herald newspaper on the 22nd day of June, 2018
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Lynn Sutton, 859 Air Hill.; and Tom LoGuidice, 786 Stone Ridge Pl. on behalf Friends
of Fair Housing, addressed their ongoing concerns with unsafe, noncompliant rental
housing and offered to meet with City staff and/or the City Council to seek solutions.
Council Member Shaw supported the suggesting of developing a matrix for measuring
housing issues, progress and development of a policy.
30
Gerald Podraza, Illinois Chairman of Bring Back the Blackhawk and of Jo Daviess
County, Illinois, provided information on the progress of passenger rail service in Illinois
and southern W isconsin and provided a handout.
Attorney Brian Kane spoke in support of his client McCann Services related to Action
Item No. 3 City Towing Contract stating that while the review committee did a good job,
his client deserved fuller consideration since they now had a facility within the city. Mr.
Kane suggested rethinking the scoring process for appropriateness when only t wo ven-
dors are involved.
ACTION ITEMS
1. DMATS Federal Fiscal Year 2018-2021 Transportation Improvement Program:
East-Central Intergovernmental Agency (ECIA) Transportation Director Chandra Ravada
will present information and seek input about federally funded projects through the Dubu-
que Metropolitan Area Transportation Study (DMATS) Transportation Improvement Pro-
gram (TIP). Motion by Del Tor to receive and file the information. Seconded by Shaw.
ECIA Transportation Director Chandra Ravada provide d a brief slide presentation outlin-
ing the grant project and funding. Motion carried 6 -0.
2. Dubuque Skate Park Project Award: City Manager recommending award of the
Dubuque Skate Park Project contract to the low bidder Drew Cook & Sons Excavating,
Inc. Motion by Larson to receive and file the documents and adopt Resolution No. 193-
18 Awarding the public improvement contract for the Dubuque Skate Park Project. Se-
conded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 193-18
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE SKATE
PARK PROJECT
Whereas, sealed proposals have been submitted by contractors for the Dubuque Skate
Park Project, (the Project) pursuant to Resolution No. 173-18 and Notice to Bidders pub-
lished in a newspaper published in the City of Dubuque, Iowa on the 25th day of May,
2018; and
Whereas, said sealed proposals were opened and read on the 8th day of June, 2018,
and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubuque, Iowa,
with a bid in the amount of $712,835.95, is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to
Drew Cook and Sons Excavating, Inc. and the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
31
3. City of Dubuque Tow Contract for Fiscal Years 2019 -2021: City Manager recom-
mending approval of the award of the Fiscal Years 2019 -2021 Tow Contract to Wenzel
Towing. Motion by Del Toro to receive and file the documents and approve the recom-
mendation. Seconded by Shaw. Motion carried 5 -1 with Rios voting nay.
4. Marquette Hall, LLC Amended and Restated Incentive Agreement : City Manager
recommending approval of the Amended and Restated Grant Agreements for Downtown
Rehabilitation Grant Program for the rehabilitation of Marquette Hall at 2222 Queen Street
into a total of 28 affordable rental residential units. Motion by Shaw to receive and file the
documents and adopt Resolution No. 194-18 Approving an Amended and Restated Grant
Agreement for the Downtown Rehabilitation Grant Program between the City of Dubuque
and Marquette Hall, LLC, and approving an Amended and Restated Gr ant Agreement for
the Downtown Housing Incentive Program between the City of Dubuque and Marquette
Hall, LLC. Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 194-18
APPROVING AN AMENDED AND RESTATED GRANT AGREEMENT FOR THE
DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBU-
QUE AND MARQUETTE HALL, LLC, AND APPROVING AN AMENDED AND RE-
STATED GRANT AGREEMENT FOR THE DOWNTOWN HOUSING INCENTIVE PRO-
GRAM BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC
Whereas, the Economic Development Department of the City of Dubuque provided
letters of commitment dated October 10, 2017 to Marquette Hall, LLC (Developer) for the
development of real estate owned by Developer, known locally as 2222 Queen Street,
Dubuque, Iowa (the Property); and
Whereas, the letters of commitment committed downtown housing and downtown re-
habilitation grant funds to Developer in the amount of $35,000 and housing creation
grants in the amount of $30,000; and
Whereas, in order to facilitate rehabilitation of the Property, and in particular to accom-
modate the use of historic tax credits, Developer desires that the grants be committed to
an associated non-profit entity, Preserving US, Inc.; and
Whereas, the Amended and Restated Grant Agreement for the Downtown Rehabilita-
tion Grant Program and the Amended and Restated Grant Agreement for the Downtown
Housing Incentive Program (the Amended and Restated Grant Agreements) formalize
the letters of commitment and provide that Preserving US, Inc. is the grant recipient; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Amended and Restated Grant Agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amended and Restated Grant Agreemen ts are hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Amended and
Restated Grant Agreements on behalf of the City of Dubuque.
Passed, approved, and adopted this 18th day of June 2018.
Ric W. Jones, Presiding Officer
Attest: Kevin S. Firnstahl, City Clerk
32
5. Request to Schedule Work Session – Community Oriented Policing: City Manager
recommending that the City Council schedule at Work Session on Community Oriented
Policing efforts for 5:30 p.m. on July 2, 2018 in the City Council Chambers. Motion by Del
Toro to receive and file the documents and set the work session as recommended. Se-
conded by Shaw. Motion carried 6-0.
6. City of Dubuque Area Projects-in-Progress Video: Cable TV Division showed a video
of various projects in progress around the City of Dubuque . Motion by Shaw to receive
and file the information. Seconded by Del Toro. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Council Member Larson expanded on her comments regarding murals given during
Consent Item No. 21. She further emphasized long-term maintenance of the murals, per-
missions to photograph and determining ownership artwork, conflict between refusing
historic features but not paint, setting guidelines and seeking neighborhood input. Ms.
Larson suggested this topic be discussed at the August City Council goal setting session.
Council Members Jones, Del Toro, Shaw and Rios offered similar opinions adding that
seeking public input on artwork might be risky, concerns over materials used, taste with
content, defining a review process and defining ownership and the maintenance respon-
sibilities. Mayor Buol stated that the City has no jurisdiction as it deals with private prop-
erty issues even with historic buildings.
There was consensus among the Council Mem bers present to refer to staff to consider
a future work session on the topic and include the Arts and Cultural Affairs Advisory Com-
mittee.
Council Member Shaw requested that the Fair Housing matters raised during Public
Input be kept in mind for the August City Council Goal Setting.
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk