8 20 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 August 20, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may prop erly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Council Member Larson requested #1 be held
for separate discussion. Motion carried 6-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/6, 8/8, 8/13, 8/14,
8/15; Civil Service Commission of 6/26, 7/26, 7/31; Community Development Advisory
Commission of 7/18; Housing Commission of 7/24; Library Board of Trustees Council
Update #173 of 7/26; Resilient Community Advisory Commission of 4/5, 5/3, 6/7; Zoning
Advisory Commission of 8/1; Proof of Publication for City Council Proceedings of 7/23.
Motion by Larson to receive and file the documents. Seconded by Resnick. Ms. Larson
thanked the members of the boards and commission s that provided feedback to the City
Council for this year’s goal setting session. Motion carried 6 -0.
2. Notice of Claims and Suits: Thomas Coyle for vehicle damage; Robert Duster for
property damage; Channing Ellison for vehicle damage; Robert Johnsen/Nationwide for
vehicle damage; TFM, Co. for property damage; Daniel and Christina True for property
damage. Upon motion the documents were received, filed, and referred to the City Attor-
ney.
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: Thomas Coyle for vehicle damage, Channing Ellison for vehicle damage;
TFM Co. for property damage, Daniel and Christina True for property damage. Upon mo-
tion the documents were received, filed and concurred.
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4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received, filed and
approved.
5. Travel Dubuque Letter of Support for Five Flags Center Redevelopment : Corre-
spondence from the Travel Dubuque Board / Convention and Visitors Bureau in supp ort
of a Five Flags Civic Center redevelopment. Upon motion the document was received
and filed.
6. Greater Dubuque Development Corporation Annual Report 2017-2018: City Man-
ager providing a copy of the Greater Dubuque Development Corporation Annual Report
2017-2018. Upon motion the document was received and filed.
7. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Assistant Planner. Upon motion the documents were re-
ceived, filed, and made a Matter of Record.
July 31, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Assistant Planner was administered via “take-home” examination. We hereby certify
that the individuals listed below have passed this “take-home” examination and the va-
cancy for this position should be filled from this list and that this list is good for one (1)
year from above date.
Assistant Planner
1. David Stallworth, 2. Christine Olson, 3. Mary Ottoson, 4. Vern Holmgren, 5. Troy
Kress, 6. Andrienne Fight, 7. Ose Akinlotan, 8. Zachary Small, 9. Tammy Enz
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
8. Acceptance of Property at 686-688 University Avenue: City Manager recommending
approval of a resolution accepting a Quit Claim Deed and Affidavit of Surviving Spouse
for property at 686-688 University Avenue. Upon motion the documents were received
and filed, and Resolution No. 240-18 Approving the acquisition of real estate owned by
Deane C. and Manolita C. Dement, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 240-18
RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY
DEANE C. AND MANOLITA C. DEMENT, IN THE CITY OF DUBUQUE
Whereas, Deane and Manolita Dement (the Owners) of certain real estate legally de-
scribed as:
Lot 1-1-1-10 Kellys Subdivision, Lot 2-1-1-10 Kellys Subdivision, and Lot 2-1-11
of Kellys Subdivision in the City of Dubuque (the Property) have agreed to deed the
Property to the City of Dubuque; and
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Whereas, pursuant to a court order the City of Dubuque had the Property decon-
structed several years ago and the cost was assessed to the Property; and
Whereas, since that time, the City has been periodically cutting the grass and removing
snow and ice at the Property and assessments have been filed for the grass cutting and
snow/ice removal; and
Whereas, in addition to the assessments, the City Housing and Community Develop-
ment Department is owed $4,500 by way of a loan; and
Whereas, the current liability to the Owners for the Property is $28,076.25 between
assessments and the loan; and
Whereas, the City contacted the Owners to consider giving the City a quit claim deed
for the Property so the Property can be offered to the neighbors for yard space; and
Whereas, in exchange for a quit claim deed the City will waive the assessments against
the Property and the loan will be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, through its City Attorney, be and is hereby au-
thorized to accept a quit claim deed from the Owners, conveying the Owners’ interest to
the City of Dubuque, Iowa for the herein described real estate.
Section 2. That the City Clerk be and is hereby authorized and directed to cause said
quit claim deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Request for Proposals - Downtown Commercial Building Exterior Evaluation and
Assessment Project: City Manager recommending approval of the release of a Request
for Proposals for qualified firms to undertake the Downtown Commercial Building Evalu-
ation and Assessment Project. Upon motion the documents were received, filed and ap-
proved.
10. Medline Industries, Inc. Contract with Iowa Economic Development Authority : City
Manager recommending approval of an Economic Development Assistance Contract by
and among Medline Industries, Inc., MREDIA, LLC (Medline), the City of Dubuque, and
the Iowa Economic Development Authority. Upon motion the documents were received
and filed, and Resolution No. 241-18 Authorizing the execution of an Economic Develop-
ment Assistance Contract by and among Medline Industries, Inc., MREDIA, LLC, the City
of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 241-18
AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSISTANCE
CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MREDIA, LLC, THE CITY
OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Medline Industries, Inc. has proposed making an Eighteen Million Four Hun-
dred Thousand Dollar ($18,400,000.00) investment in a One Hundred Twenty Thousand
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(120,000) square foot facility in the City of Dubuque, Iowa which will allow the creation of
one hundred five (105) full-time jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and document
associated terms for the improvements of Medline Industries, Inc.’s proposed project in
the Dubuque Industrial Center Economic Development District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of Economic Development Assistance Contract 18 -TC-
038 for participation in the Iowa Economic Development Authority’s Financial Assistance
Program on behalf of Medline Industries, Inc., a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other docume nts as may be re-
quired.
Passed, approved, and adopted this 20th day of August, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Washington Neighborhood / Housing Trust Fund Application Match : City Manager
recommending approval to commit funds from the Greater Downtown Tax Increment Fi-
nancing Urban Renewal District as budgeted to be used as a match to the Housing Trust
Fund Committee’s application to the Iowa Finance Authority for a grant from the State
Housing Trust Fund for continued support of homeownership and rehabilitation activities
in the Washington Neighborhood. Upon motion the documents were received and filed,
and Resolution No. 242-18 Approving commitment of matching funds for application to
the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted.
RESOLUTION NO. 242-18
APPROVING COMMITMENT OF MATCHING FUNDS FOR APPLICATION TO THE
IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Tru st Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in statewide competition to local trust funds
for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for
a Housing Trust Fund award, in the amount of $147,046; and
Whereas, the GDTIF Activity No. 2681021 funds for the match ($36,762 ) has been
budgeted and approved through FY2024 in the Housing Department’s budget to meet the
matching funds requirement; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby appro ves commitment of GDTIF funds as
a match to the application for IFA State Housing Trust Fund.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2 -5D-7 of
the Code of Ordinances, shall have final authority to direct how such funds shall be used
in support of revitalization activities in the Washington Neighborhood.
Passed, approved, and adopted this 20th day of August 2018.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Certified Local Government (CLG) Grant Application for Preservation Planning –
Four Mounds Park: City Manager recommending approval of Four Mounds Foundation’s
grant application through the Certified Local Government Program for preservation plan-
ning for long-term protection of the Burial Mounds Area at Four Mounds Park. Upon mo-
tion the documents were received and filed, and Resolution No. 243-18 approving a CLG
grant application to State Historic Preservation Office for Preservation Planning at Four
Mounds Estate Historic District was adopted.
RESOLUTION NO. 243-18
APPROVING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR PRESERVATION PLANNING AT FOUR MOUNDS ESTATE HISTORIC
DISTRICT
Whereas, the State Historic Preservation Office has allocated Certified Local Govern-
ment (CLG) Program grant funds for projects that help to preserve, conserve, interpret,
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 FY 2019
CLG Grant application to the State Historic Preservation Office for preservation planning
for the burial mounds area at the Four Mounds Estate Historic District, which is property
owned by the City of Dubuque.
Section 2. The Executive Director is hereby authorized as the property owner repre-
sentative and the project manager for the CLG application.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Certified Local Government (CLG) Grant Application - Preserve Iowa Summit: City
Manager recommending approval of the City’s application for a Certified Local Govern-
ment (CLG) Program Grant for hosting the 2020 Preserve Iowa Summit at the invitation
of the State Historical Society of Iowa, and approval of a resolution for Dubuque to host
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the 2020 Preserve Iowa Summit. Upon motion the documents were received and filed,
and Resolution No. 244-18 Approving CLG Grant Application to State Historic Preserva-
tion Office for hosting the 2020 Preserve Iowa Summit was adopted.
RESOLUTION NO. 244-18
APPROVING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR HOSTING THE 2020 PRESERVE IOWA SUMMIT
Whereas, the State Historic Preservation Office has allocated Certified Local Govern-
ment (CLG) Program grant funds for projects that help to preserve, conserve, interpret,
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 Planning Services Manager is hereby authorized to submit the FY 2019
CLG Grant application to the State Historic Preservation Office for match grant funds for
hosting the 2020 Preserve Iowa Summit.
Section 2. The Planning Services Manager is hereby authorized as the project man-
ager for the CLG application.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Cottingham & Butler Insurance Services, Inc., Contract Amendment : City Manager
recommending approval of a resolution authorizing an amendment to Contract 15 -DF-
034 by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque,
and the Iowa Economic Development Authority. Upon motion the documents were re-
ceived and filed, and Resolution No. 245-18 Approving an amendment to the Economic
Development Financial Assistance Contract by and among Cottingham & Butler Insur-
ance Services, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development
Authority was adopted.
RESOLUTION NO. 245-18
APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL
ASSISTANCE CONTRACT BY AND AMONG COTTINGHAM & BUTLER INSURANCE
SERVICES, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY
Whereas, Cottingham & Butler Insurance Services, Inc. (Cottingham & Butler) and the
City of Dubuque (City) entered into an Economic Development Financial Assistance Con-
tract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the
creation of ninety (90) full-time jobs in the City; and
Whereas, Cottingham & Butler has requested an amendment to the budget and con-
tract benefits; and
Whereas, the IEDA Board approved an amendment to the Contract for the budget and
contract benefits; and
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Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 20th day of August, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Tri-State Occupational Health Agreement Amendment: City Manager recommend-
ing approval of an Amendment to the Agreement between T ri-State Occupational Health,
LLC, and the City of Dubuque for case management services for workers compensation
claims and police and fire job related injuries and illnesses. Upon motion the documents
were received, filed and approved.
16. International Union of Operating Engineers, Local #234 Amendment to the Collec-
tive Bargaining Agreement: City Manager recommending approval of an Amendment to
the Collective Bargaining Agreement between the City of Dubuque and the Int ernational
Union of Operating Engineers, Local #234, to provide for a work week that consists of ten
hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion
the documents were received, filed and approved.
17. Key West Fire Department - Accepting Sanitary Sewer Easement: City Manager
recommending acceptance of a Grant of Easement from the Key West Community Fire
Department, Inc. for a Sanitary Sewer Utility across Part of Lot 1 of Twin Ridge Subdivi-
sion No. 2 in Dubuque County as part of the Twin Ridge Lift Station Abandonment Project.
Upon motion the documents were received and filed, and Resolution No. 246-18 Accept-
ing a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 1 of Twin Ridge
Subdivision No. 2, in the County of Dubuque, Iowa was adopted.
RESOLUTION NO. 246-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 1 OF TWIN RIDGE SUBDIVISION NO. 2, IN DUBUQUE COUNTY, IOWA
Whereas, Key West Community Fire Department has executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 1 of Twin Ridge Subdivision No. 2, in 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 Easement for Sanitary Sewer Utility across Part of Lot 1 of
Twin Ridge Subdivision No. 2, in Dubuque County, Iowa from Key West Community Fire
Department, a copy of which is attached hereto.
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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 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Bowling & Beyond Site - Asbestos Abatement Project Award: City Manager rec-
ommending award of the construction contract for the Bowling & Beyond Site - Asbestos
Abatement Project to the low bidder Advanced Environmental Testing & Abatement.
Upon motion the documents were received and filed, and Resolution No. 247-18 Award-
ing Public Improvement Contract for the Bowing & Beyond Site - Asbestos Abatement
Project was adopted.
RESOLUTION NO. 247-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BOWLING & BEYOND
SITE – ASBESTOS ABATEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Bowling & Be-
yond Asbestos Abatement Project, (the Project) pursuant to Resolution No. 215 -18 and
the Notice to Bidders was posted on the Master of Builders of Iowa plan room and the
City of Dubuque, Iowa website on the 17th day of July 2018.
Whereas, said sealed proposals were opened and read on the 7th day of August 2018,
and it has been determined that Advanced Environmental Testing & Abatement, Inc. of
Waterloo, Iowa with a bid in the amount of $97,650.00 is the lowest responsive, respon-
sible 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 Advanced
Environmental Testing & Abatement, Inc. and the City Manager is hereby directed to ex-
ecute a Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Washington Park Gazebo Painting Project Acceptance: City Manager recommend-
ing acceptance of the Washington Park Gazebo Painting Project as completed by Colo-
nial Painting and Decorating, Inc. Upon motion the documents were received and filed,
and Resolution No. 248-18 Accepting the Washington Park Gazebo Painting Project and
Authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 248-18
ACCEPTING THE WASHINGTON PARK GAZEBO PAINTING PROJECT AND AU-
THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the Washington Park Gazebo Painting
Project (the Project) has been completed by the contractor and the Park Division Manager
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 Park Division
Manager recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Park Division Manager is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Washington Park Gazebo Painting Project capital improvement appropriation for the con-
tract amount of $30,559.00 less any retained percentage provided for therein as provided
in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, adopted, and approved this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Adopting Code Supplement No. 29: City Clerk recommending adoption of Supple-
ment No. 29 to the City of Dubuque Code of Ordinance s. Upon motion the documents
were received and filed, and Resolution No. 249-18 Adopting Supplement No. 29 to the
Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 249-18
ADOPTING SUPPLEMENT NO. 29 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in
the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 29 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 10-18, 11-18 and 17-18 as adopted by the City Council through
May 2018, is hereby adopted, and becomes part of the Code of Ordinances of the City of
Dubuque, Iowa.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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21. Signed Contract(s): Municipal Collections of America, Inc., Collection Services
Agreement; Dubuque Community School District Revocable License for use of right-of-
way at Alta Vista Campus. Upon motion the documents were received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest
Concrete, Inc., for Veterans Park Pickleball Court Construction Project. Upon motion the
documents were received, filed and approved.
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 250-18 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 Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 250-18
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 CIT Y 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
Chances R 1046 Central Ave. Class C Liquor (Outdoor)
(Sunday)
Holy Spirit Church, Dubu-
que
2981 Central Ave. Class C Beer, Class B Na-
tive Wine (Sunday)
Hy-Vee #1 Market Cafe 3500 Dodge St. Class C Liquor (Catering)
(Sunday)
Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Na-
tive Wine (Sunday)
Mystique Community Ice
Center
1800 Admiral Sheehey Dr. Class C Liquor, Class B Na-
tive Wine (Outdoor) (Sun-
day)
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Sid's Beverage Store, Inc. 2727 Dodge St. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Super Stop III 1101 Rhomberg Ave. Class E Liquor, Class B Na-
tive Wine, Class B Wine,
Class C Beer (Sunday)
Texas Roadhouse 845 Wacker Dr. Class C Liquor (Catering)
(Outdoor) (Sunday)
Tri-State Independent
Blind Society Inc.
1068 Cedar Cross Rd. Special Class C Liquor
West Dubuque Tap 1701 Asbury Rd. Class C Liquor (Sunday)
Wingstop 2255 J.F. Kennedy Rd. Special Class C Liquor
(Outdoor)
New
Southend Tap 55 Locust St. Class C liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Camp Albrecht Acres -
Octoberfest
AY McDonald Park Special Class C Liquor
(Outdoor)
Adding a Privilege
Whiskey River 1064 University Ave. Adding Outdoor Service
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Del Toro 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 Jones. Motion carried 6-0.
1. Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc. d/b/a
Verizon Wireless: City Manager recommending recommend the City Council set a public
hearing for September 4, 2018, to dispose of an interest in real property owned b y the
City of Dubuque by lease between the City of Dubuque, Iowa and Southwestco Wireless,
Inc. d/b/a Verizon Wireless or proposed placement of a small cell and associated equip-
ment in the public right-of-way at the northeast corner of the intersection of Embassy
West Drive and Middle Road. Upon motion the documents were received and filed, and
Resolution No. 251-18 Resolution of Intent to dispose of an interest in real property owned
by the City of Dubuque by lease between the City of Dubuque, Iowa and Sou thwestco
Wireless, Inc. d/b/a Verizon Wireless was adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on September 4, 2018 in the Historic Federal Building.
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RESOLUTION NO. 251-18
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND SOUTH-
WESTCO WIRELESS, INC. D/B/A VERIZON WIRELESS
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
The public right-of-way at the northeast corner of the intersection of Embassy
West Drive and Middle Road, Dubuque, Iowa, shown on Exhibit 1 attached hereto
(the Property); and
Whereas, City and Southwestco Wireless, Inc. d/b/a Verizon Wireless (Verizon) en-
tered into a Master Lease Agreement dated May 10, 2018 (the Agreement), which
granted Verizon the right to lease certain City property for the purposes and subject to
the conditions set forth in the Agreement; and
Whereas, Verizon desires to lease a part of the Property as shown on Exhibit 1 the
Leased Premises; and
Whereas, City and Verizon have tentatively agreed to the Lease Supplement, attached
hereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Supplement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property by
Lease Supplement between City and Verizon.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the
City’s intent to dispose of its interest in the Property by Lease Supplement, to be held on
the 4th day of September 2018, at 6:00 o’clock p.m. at the Historic Federal Building, Coun-
cil Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1. Airport Commission: Two, 4-year terms through July 1, 2022 (Expiring terms of Ac-
cinelli and Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Chambers, 940
Kelly Ln.; Michael Phillips, 1029 Dunham Dr.
2. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Fernandes). Applicants: Antonino T. Erba, 1505 Fairview Pl.; Sam Wooden, 1135
Rosedale Ave. Mr. Erba spoke in support of his appointment and provided a brief biog-
raphy.
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3. Zoning Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term
of Russell). Applicant: Rich Russell, 2045 Embassy West Dr.
Appointments to the following commissions to be made at this meeting.
4. Transit Advisory Board: One, 3-year term through July 30, 2021 (Expiring term of
Esser). Additional Vacancy of one, 3-year term through July 30, 2020 (Vacant term of
Stiles). Applicants: Robert Daughters, 1631 Jackson St.; Matthew Esser, 90 Main St.
Upon roll-call vote, Robert Daughters was appointed to the 3-year term through July
30, 2020. (Daughters = Resnick, Larson, Jones, Buol, Rios; Esser = Del Toro)
Motion by Jones to appoint Mr. Esser to the 3-year term through July 30, 2021. Se-
conded by Resnick. Motion carried 6-0.
PUBLIC HEARINGS
1. Planned Unit Development (PUD) Amendment for 1100 Carmel Drive: Proof of pub-
lication for notice of public hearing to consider approval of a request from Pope Architects/
Sisters of Charity BVM to amend the PUD Planned Unit Development District at 1100
Carmel Drive to facilitate the development of a senior living community and the 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 Resnick. On behalf of the applicant, Sisters of Charity BVM,
Sister Teri Hadro, BVM, spoke in support of the request and provided a brief description
of the project. Bill Hagstrom of Presbyterian Homes and Mike Jansen of IIW Engineers
further described the project. Planning Services Manager Laura Carstens provided a staff
report. Responding to questions from the City Council, Mr. Hagstrom stated that the new
building’s exterior would be similar in look and style but would not compete with the orig-
inal historic structure. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-18 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclas-
sifying hereinafter described property located at 1100 Carmel Drive from R-1 Single-Fam-
ily Residential to PUD Planned Unit Development with a PR Planned Residential Desig-
nation and amending the existing Planned Unit Development Regulations to facilitate the
development of a Senior Living Community. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROP-
ERTY LOCATED AT 1100 CARMEL DRIVE FROM R-1 SINGLE-FAMILY RESIDEN-
TIAL TO PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL
DESIGNATION, AND AMENDING THE EXISTING PLANNED UNIT DEVELOPMENT
REGULATIONS TO FACILITATE THE DEVELOPMENT OF A SENIOR LIVING COM-
MUNITY
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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 PUD Planned Unit Development District with a
PR Planned Residential designation, and adopting a revised conceptual development
plan, a copy of which is on file with the Planning Services Department, for the property at
1100 Carmel Drive as depicted in the attached Exhibit No. 1.
Section 2. Attached hereto and made a part of this zoning reclassification approval is
the Conceptual Development Plan for the Mount Carmel Planned Unit Development
marked Figure 1.1. It is recognized that minor shifts or modifications to the gene ral 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 require ments shall
be used as the implementation guide. The provisions of the City of Dubuque Unified De-
velopment Code shall apply to the development of the property included in this Planned
Unit Development unless specifically regulated by this Ordinance.
A. Use Regulations
Permitted Uses
1. Cemetery, Mausoleum, Columbarium
2. Hospice
3. Housing for the elderly or persons with disabilities
4. Library
5. Licensed adult day services
6. Multiple-family dwelling*
7. Nursing or convalescence home
8. Parking structure
9. Off-street parking
10. Place of religious exercise or assembly
11. Single-Family Dwelling (detached)*
12. Two-Family Dwelling (duplex)*
13. Townhouse*
* Limited to Seniors or Persons with Disabilities
Conditional Uses: Subject to the provisions of Section 16-8.5 of the Unified Develop-
ment Code.
1. Group homes
2. Keeping of horses or ponies
3. Licensed child care center
4. Museum
5. Seminary
Accessory Uses: Subject to provisions of Section 16-3.8 of the Unified Development
Code.
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Detached garage
3. Fence
4. Garage sales
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5. Keeping of hens
6. Home-based businesses
7. Non-commercial garden greenhouse or nursery
8. Satellite receiving dish
9. Solar collector
10. Sport, recreation, or outdoor cooking equipment
11. Storage building
12. Tennis court, swimming pool, or similar permanent facility
13. Wind turbine (building-mounted)
B. Bulk Regulations
1. Minimum building and/or garage setback from public right -of-way or edge of
pavement
Minimum lot area
Single-Family Residential - 5,000 square feet
Two-Family (duplex)] - 5,000 square feet
Townhouse - 1,600 square feet/du
Multi-family dwellings, - 2,000 square feet/du
Minimum lot frontage width - 50 feet
Minimum lot frontage townhouse - 16 feet/du
Maximum building coverage - 40%
Maximum building height
Number of stories - 4
Height - 60 feet
Minimum yards
Front - 25 feet (1)
Side (2) - 10 feet
Rear - 20 feet
Open Space Requirements
Minimum permeable open space (3) - 40%
Setback requirements (4)
Internal roadway setbacks (5) - 25 feet
Site perimeter setback (6) - 25 feet
Landscape buffer requirements (6)
site perimeter landscape buffer - 25 feet
2. Where no lot lines exist, 20 feet of clearance is required between buildings.
3. Includes easements, setbacks, wooded areas, and landscape buffers, internal
roadway setbacks, and parking area landscape, excludes all hardscape.
4. Figure 1.2: PUD Setback Requirements
5. Setback calculated from edge of pavement on private drives.
6. See Figure 1.3: PUD landscape and Open Space Requirements.
C. Roadways
The private roadways in this PUD shall conform to the City of Dubuque Unified Devel-
opment Code and SUDAS as adopted by the City.
D. Parking
1. Parking Requirements
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Parking areas shall accommodate sufficient parking while minimizing impervious
surfaces and the visual impact of large lots. Parking requirements will follow city
standards as outlined in the City of Dubuque Unified Development Code (Section
14-6 Off-Street Parking Requirements).
2. All surface parking lots shall be designed to:
(a). Integrate and link existing parking areas with new parking areas for im-
proved pedestrian and auto circulation.
(b). Accommodate pedestrian routes through parking areas to building en-
trances.
(c). Accommodate snow removal and storage.
(d). Comply with City lighting standards and minimize impact on surrounding
properties.
3. All parking structures shall be designed to:
(a). Comply with City requirements for vehicular and pedestrian access, ADA
compatibility, safety, lighting, and ventilation.
(b). Clearly identify with signage all pedestrian and vehicular entrances to park-
ing structures.
(c). Integrate ample floor-to-ceiling heights to maximize light and visibility, and
accommodate a wide variety of vehicle sizes.
(d). Incorporate where feasible, flat floors to minimize driver confusion and
maximize light, visibility, and safety.
(e). Integrate into land contour and grading opportunities to minimize above
grade height and mass when appropriate.
All parking areas shall comply with the landscape standards set forth in Section F:
Landscape Standards.
4. Dimensional Requirements
Minimum parking stall dimensions shall be 8.5’ x 18’ with 24’ drive aisles to ac-
commodate two-way traffic. Accessible parking space requirements shall adhere to
standard outlined in the City of Dubuque Unified Development Code (Section 14 -7
Accessible Parking Space Requirements).
5. Bicycle Parking
Bicycle parking shall be considered and placed in safe, convenient locations near
building entrances and comply with Section 16-13-3.5.1 of the Unified Development
Code.
E. Loading and Service Areas
The visual impact of loading and service areas on a building, site or adjacent sites and
uses should be minimized. Loading and service areas a re not allowed in the right-of-way
or within any setbacks.
1. All loading and service areas shall be designed to:
Provide access to a street or alley in a manner that will create the least possible
interference with through traffic movements. No curb cut shall exceed 30 feet in
width.
2. Accommodate maneuvering space to allow vehicles to access and exit the
space without having to make backing movements on or into a public or private
street.
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3. Provide fixed lighting that prevents direct glare of beams onto any other prop-
erty or street by the use of luminaire cutoffs. All lighting shall be reduced to security
levels at all times of nonuse.
4. Have masonry or other screening materials that complement materials used
on campus buildings, and that are effective in every season.
5. Comply with the landscape screening requirements set forth in Section F:
Landscape Standards.
6. Outside storage of materials, equipment or trucks shall be kept to a minimum
and located in areas that are screened from views by a permanent, solid and year-
round screening element. Sharing of loading, trash and utility areas between build-
ings shall be considered for ease of maintenance, to reduce land needed for such
functions and to improve the visual quality of the Campus.
F. Landscape Standards
1. General Description and Intent
The natural character of the site should be preserved and enhanced as campus
land use changes. Site landscaping will be designed in a naturalized pattern to com-
plement the bluffs, ravines, and other natural features of the site, work with the ar-
chitectural form of buildings, provide shade, create outdoor spaces for employees,
residents and visitors, and buffer parking lots. These landscape standards build on
elements of the City of Dubuque Unified Development Code to provide landscape
requirements for plant material, parkways and site buffer and parking lot treatments
that:
(a). Preserve or enhance the appearance and character of the property and its
surroundings.
(b). Reduce noise and air pollution, light glare, soil erosion and solar heat gain.
(c). Provide buffering between land uses and zoning districts of differing inten-
sity.
(d). Promote the preservation of existing significant vegetation.
(e). Improve the appearance of parking areas and properties abutting public
rights-of-way.
2. Landscape Requirements
Overall Site Landscape Requirements
Minimum permeable open space will be calculated at 40 percent of the entire site
dedicated under review.
(a). Permeable open space calculations may include easement areas, perim-
eter setbacks, woodlands, landscape buffers, internal roadway setbacks (park-
ways), and parking lot landscape.
Minimum site landscape plant quantities shall be calculated at one plant per unit
per 2,000 square feet of site landscape area.
(a). Street trees planted in the parkway or in the public right -of-way shall not
be counted toward fulfillment of the minimum site requirements for number of
trees.
(b). Parking lot landscape requirements shall not be counted toward fulfillment
of the minimum site requirement for number of trees.
(c). Existing trees to be retained on site may be counted toward fulfillment of
the landscaping requirements.
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3. Plant Units
A plant unit is a measurement used to determine the quantity of plant material
required for screening and shading. One plant unit is comprised of any of the follow-
ing elements:
(a). One canopy tree
(b). Two under-story or ornamental trees
(c). Two evergreen trees
(d). Seven shrubs (large or small, deciduous, or evergreen)
Plant unit calculations establish the total quantity of required plant material while
allowing the landscape architect flexibility in allocating and distributing plant mate-
rial. Existing plant material protected during construction may be used to satisfy the
plant material requirements provided the type and size of the plant material meets
the plant material standards and the plant material is not an invasive or noxious
variety.
4. Perimeter Buffer Landscape Requirements
Perimeter buffer landscape will help create a transition from the adjacent resi-
dential uses on the north and west to the campus. Plant material shall consist of a
variety of deciduous and evergreen trees and shrubs as shown in Figure 2.1: Typical
Perimeter Buffer Planting. A minimum total of three (3) plant units per 100 linear feet
of buffer shall be installed.
(a) Only required access drives and sidewalks shall break through a perimeter
landscape open space.
(b) Every perimeter buffer landscape open space shall be designed and main-
tained to preserve unobstructed views of the street and sidewalk at points of ac-
cess and to not interfere with or be damaged by work within any public utility
easement, unless the City shall determine that no other location is reasonably
feasible.
5. Parkway Landscape Requirements
A consistently planted parkway will add to the overall Campus character by
providing an appealing arrival sequence and uniform experience around, into and
through the Campus. All streets shall include 2 canopy trees per 100 feet of road
frontage. These trees may be located in closer proximity to each other to create
clustering or massing of plant material instead of a consistent on -center planting
approach as long as they are located within the roadway setback, see Figure 2.2:
Typical Parkway Planting.
6. Parking Lot Landscape Requirements
The following are standards for the design of parking lot interior and perimeter
landscape areas which build upon the standards defined in the City of Dubuque
Unified Development Code. Figure 2.3: Typical Parking Lot Planting reflects a min-
imum treatment for a typical parking lot.
(a) Parking bays in excess of 11 spaces in length shall provide landscaped
islands at the ends of each aisle. Parking bays in excess of 20 spaces in length
shall be divided by intermediate landscaped is lands, and provide landscaped is-
lands at the ends of each aisle.
(b) A landscaped island for a single parking bay shall be a minimum of 9 feet
wide by 18 feet long and shall contain the equivalent of two (2) plant units.
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(c) A landscaped island for a double-parking bay shall be a minimum of 9 feet
wide by 36 feet long and shall contain the equivalent of four (4) plant units.
(d) If the required planting ratio is not obtainable in a healthy landscape envi-
ronment, then the remaining plant material required by this calculation may be
placed in close proximity of the parking lot. This additional area should be inte-
grated with the parking lot perimeter landscape.
(e) All parking lot landscape areas shall be protected by raised curbs with a
minimum height of 4 inches.
(f) Except for in swales, the finished grade (crown) or interior planting areas
shall not be less than 3 inches above curb or pavement.
(g) A landscaped buffer strip shall be provided along the frontage of all surface
parking areas at least 10 feet wide along the public right-of-way. The buffer strip
shall be planted with a minimum of 7 plant units per 100 linear feet of buffer.
Landscaped earth berms and or decorative walls and fences are permitted pro-
vided they are integrated with the landscape screening described above. The use
of biofiltration methods of landscape and drainage design is encouraged.
(h) A landscaped buffer strip of at least seven feet wide shall be provided along
the remaining sides of all surface parking lots. The buffer strip shall be planted
with a minimum of 5 plant units per 100 linear feet.
(i) Prior to planting, all interior areas shall be excavated to a depth of 3 feet
and amended with a soil mixture consisting of 1-part screened topsoil, 1 part ex-
isting topsoil, and 2 parts of organic compost or an approved equivalent, with the
exception of other soil mixtures as necessary to accommodate Low Impact De-
velopment features. This requirement may be waived upon confirmation by the
City Planner that the pre-existing soil is suitable for planting and drainage, and
that no amendments are necessary.
(j) All landscaped areas that are not planted in grass shall be finished with a
3-inch layer of mulch.
7. Intersection Visibility
In accordance with the requirements of the City of Dubuque S treet Tree and
Landscaping on Public Right-of-Way Policy, nothing shall be erected, placed,
planted, or allowed to grow in such a manner as to impede or obstruct vision be-
tween a height of 3 to 10 feet above the road crown in areas adjacent to intersecting
streets, drives or alleys. This area is defined by:
(a) Trees shall be planted at least fifty (50) feet from the edge of street inter-
sections, traffic control lights and stop signs;
(b) at least ten (10) feet from driveways;
(c) and fifteen (15) feet for alleys
(d) Trees shall be planted at least two feet from the back of curb.
8. Plant Materials
Plant material used to satisfy the standards of this section shall comply with the
following standards:
(a) Unless otherwise expressly provided, all plant materials used to satisfy the
requirements of this section shall meet the following minimum size requirements:
Plant Type - Minimum Size
Canopy tree - 2-1/2” caliper
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Under-story or ornamental tree - 2” caliper or 8’ height
Evergreen tree - 8’ height
Deciduous shrub - 18” height (small), 30” height (large)
Evergreen shrub - 24” width
(b) Species of plant material shall require approval from the City.
(c) Plants installed to satisfy the requirements of this section shall meet or ex-
ceed the plant quality standards of the most recent edition of American Standard
for Nursery Stock, published by the American Association of Nurserymen. Plants
shall be capable of withstanding the extremes of individual microclimates.
(d) All required landscape areas not dedicated to trees, shrubs, or preservation
of existing vegetation shall be landscaped with grass, ground cover, or other land-
scape treatment, not including sand, rock, or pavement.
(e) For each plant type associated with the landscape requirements of this
section, no single plant species shall represent more than 40% of the total plant-
ings.
(f) Plant material shall be installed so it relates to the natural environment and
habitat in which it is placed. Native vegetation shall be utilized in all instances
unless site conditions or availability of species warrant the use of cultivars or sim-
ilar materials compatible with the area.
(g) The scale and nature of landscape material should be appropriate to the
site and structures. For example, larger scaled buildings shoul d be comple-
mented by larger scaled plants. Plant material should be selected for its form,
texture, color and concern for its ultimate growth.
9. Tree Survey and Preservation Plan
As part of any development plan submission, a tree survey shall be conducted
by a certified arborist. The survey shall delineate the limits of all vegetated woodland
areas on site. All specimen trees not located in vegetated woodland areas that
measure 8” or greater at Direct Breast Height (DBH) shall be tagged, identified and
recorded. Based on this tree survey, all trees in below average or poor condition, of
a noxious species, or that measure less than 8” DBH can be removed from the
property at the discretion of the owner to assist in providing a healthier growing
environment for the existing tree stands.
The tree inventory shall rate tree condition and form as follows:
(a) 5 – POOR CONDITION: A rating of 5 shall be given to a tree that has a
significant deadwood, bad sweep or lean, disease or damage by insect pests or
larvae, lightning damage, split, or other physical damage.
(b) 4 – BELOW AVERAGE CONDITION: A rating of 4 shall be given to a tree
that has some deadwood, minor sweep or lean, distorted shape, trunk of bark
damage, multiple stems, or poor physical quality.
(c) 3 – FAIR CONDITION: A rating of 3 shall be given to a tree that is average
in condition, form, physical state, appearance, and health.
(d) 2 – ABOVE AVERAGE: A rating of 2 shall be given to a tree that has little
or no damage, sound, good shape and form, and is good in overall physical qual-
ity.
(e) 1 – EXCELLENT CONDITION: A rating of 1 shall be given to a tree that is
excellent in appearance, condition and form, balanced branching and healthy.
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The following tree species identified are considered noxious:
(a) Buckthorn
The following tree species identified are considered undesirable:
(a) Box Elder
(b) Siberian Elm
(c) White Mulberry
The preservation of existing healthy trees and natural landscape features on a
site is encouraged. The number of new plant materials may be reduced when exist-
ing trees of a desirable species in a healthy growing condition are preserved within
the area of the perimeter landscape or open space. Credit for the preservation of
existing trees 8 inches in caliper (deciduous or 8 feet in height (evergreen) shall be
as follows, but in no instance, shall a developer or property owner receive greater
than a maximum of 50% credit towards the number of required trees:
Size of Preserved Tree - Tree Credit
1 canopy or under-story tree, 6” to 12” caliper
1 evergreen tree or multi-stem under-story tree, 6’-12’ - 3 trees
1 canopy or under-story tree, 12” to 30” caliper
1 evergreen tree or multi-stem under-story tree, more than 12’ height - 4 trees
1 canopy tree or under-story tree, more than 30” caliper - 5 trees
10. Vegetative Woodland Preservation
Wooded areas 2 acres in size or larger, or groves of trees with 10 or more indi-
vidual trees having a diameter of at least 12 inches and a canopy cover of at least
50 percent of the area encompassed by the trees shall be delineated on the submit-
ted plans. Such woodlands shall have 20% retention protected.
All woodland areas retained must have a buffer of 50’ from the trunks of trees to
be preserved, to protect the trees. If the City determines that a required woodland
area cannot be retained due to site constraints or infrastructure requirements, re-
placement trees must be planted at a rate of one tree for every 200 square feet of
woodland removed from the retention area. When that is not feasible, mitigation may
take place by planting supplemental trees at an off -site woodland approved by the
City.
Exceptions
With the incorporation of Best Management Practices (BMPs), Low Impact De-
velopment practices (LIDs) or other Sustainable Design practices into the project,
the required landscaping may be reduced or arranged in a manner that will enhance
the design concept at the discretion of the City of Dubuque.
Considerations shall include the following:
(a) Swales or bio-filters placed in islands or at the perimeter of parking areas,
designed to improve the filtration and quality of stormwater runoff.
(b) Proposals to modify the type or quantity of landscape materials may be
allowed in exchange for the installation of plant species such as native trees,
shrubs, grass, or perennials that will enhance the filtering capacity of the site and
promote the use of diverse native species.
(c) Proposed swales or filters using a structural pervious surface may be used
for parking or drive aisles provided such features are designed to withstand ve-
hicular loads.
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G. Architectural Standards
All buildings shall have a balanced, integrated design theme that strives to incorporate
solid architecture that fits within a Campus-wide character.
1. Building Scale and Massing
The size and orientation of buildings is critical to achieving a balanced overall
Campus design. The following items shall be addressed to achieve appropriate
scale and massing.
(a) Rather than single, large building masses, buildings shall be clustered to-
gether where feasible to promote efficient street/driveway systems, shared park-
ing, integrated open spaces, and pedestrian linkages between buildings.
(b) Where feasible, buildings and main entries shall be located along the Cam-
pus Loop Road to foster a welcoming pedestrian environment. In no instance
shall a building’s rear entrance or service area be oriented towards the Loop
Road or internal access drives.
(c) Building orientation and design elements shall encourage overall visual
continuity.
(d) To the greatest extent possible buildings shall be oriented to take ad-
vantage of natural light view sheds and passive solar opportunities.
2. Architectural Styles and Building Materials & Colors
Architectural styles should be carefully balanced and coordinated with the style,
materials, color, and massing of other buildings seen throughout the Campus.
(a) A balance of proportions and scale through vertical and horizontal rhythm
and facade articulation should be set.
(b) Unarticulated, flat front buildings are prohibited.
(c) A building’s main entrance should be clearly defined within the facade.
(d) Building projections shall be pedestrian-scaled and proportional to the
building facade.
(e) Structures should be consistent with residential scale and articulation, es-
pecially on street facing elevations.
3. Building Materials
A range of acceptable building materials shall be considered to enhance archi-
tectural interest and Campus character.
(a) All new buildings should be constructed with a blend of high quality mate-
rials such as masonry (brick and stone) and wood. Limited amount of “glass skin”
or decorative stucco may be considered if they are considered accent materials
rather than primary materials. In addition, a limited amount of cement board sid-
ing may be used in combination with other approved materials if it is an accent
rather than primary material.
(b) Since all future Campus buildings will be highly visible from roads, access
drives and open space, architecture should be complete and wrap all four sides
of the building. Primary building materials used on the front or main building fa-
cade shall be continued on the side and rear facades.
(c) The number of materials on any exterior building face should be limited to
no more than three to avoid clutter and visual overload.
The following building materials shall not be used as exterior building materials
or on any exterior walls:
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(d) Concrete finishes or precast concrete panels (tilt wall) that are not exposed
aggregate, hammered, sandblasted, or covered with a cement-based acrylic
coating.
(e) Metal panels with a depth of less than 1 inch or a thickness less than US
Standard 26 gauge.
Mirrored glass with a reflectance greater than 40% shall not co ver more than
40% of exterior walls.
4. Building Colors
The use of a limited range of neutral or natural colors is encouraged. Building
colors shall be compatible with the Campus character and subtly enhance a build-
ing's visual appeal.
(a) Natural colors and complementary colors shall be used for primary build-
ing facades and roof forms. Neutral earth tones (beige to brown), shades of
gray, traditional colors (brick red, dark green, navy blue) or light, subdued hues
are acceptable.
(b) Contrasting accent colors, which are compatible with the colors listed
above, are acceptable for secondary facades or accent colors or details.
(c) Primary, bright, or excessively brilliant colors are prohibited unless used
in very limited applications for subtle trim accents o r specifically for art/sculp-
tural elements of a building.
(d) Building facade colors should be kept to two or three colors or hues of
individual colors. The color of visible roof forms should also be considered
when selecting colors.
5. Sustainable Design Principles
Best management practices for efficient and sustainable development shall be
taken into consideration. The following design principles highlight areas to focus on
for future development:
(a) Recycled materials.
(b) Local source material acquisition.
(c) Reduced construction waste.
(d) Health conscious building materials and systems.
(e) Energy efficient materials and systems.
(f) Building rehabilitation.
(g) Stormwater Best Management Practices.
(h) Vegetative swales, rain gardens and expanded wetlands
(i) Water recapture systems
(j) Ground water recharge
(k) Low volume irrigation systems
H. Sign Standards
1. Sign Standards
a. Purpose
The purpose of these sign standards is to maintain and enhance the aesthetic
environment, maintain pedestrian and traffic safety and minimize the distractions,
hazards and obstructions caused by signs, and to minimize the possible adverse
effects of signs on nearby public and private property.
b. Sign Area, Height, and Number
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The size, height, and number of allowed signs shall be regulated by Article 15 -
11.13 of the Unified Development Code unless further regulated by the PUD Ordi-
nance.
c. Prohibited Signs
Pylon, rooftop, neon, internally illuminated awnings, fabric banners, official flags
of nations, states, or political subdivisions thereof, wooden, and electronic message
center signs are prohibited.
d. Sign Lighting
Sign illumination shall comply with the following requirements:
(a) Illumination of a sign within 100 feet of and visible from any property zo ned
Residential shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m.
every day.
(b) Traffic signs shall comply with MUTCD regulations.
e. Location and Scale
(a) Signs shall not obstruct significant architectural details or elements, includ-
ing windows and doorways.
(b) All ground-mounted signs shall be placed within planting areas that are
coordinated in design for the overall site.
f. Text and Materials
Text on all signs shall be simple and easy to read. It is important that all message
wording be selected to maximize information being conveyed while using the most
concise vocabulary. A sign with a brief, succinct message is more user-friendly, and
will have a cleaner look. All directional lettering shall be a mix of upper and lower-
case lettering with the first letter of every word capitalized. Avoid spacing letters too
close together as crowding will make the sign more difficult to read.
Signs shall be constructed of high-quality, durable materials. Brick and mortar or
natural stone bases are to be constructed with materials that complement the build-
ing architecture.
g. Exceptions
Home address or family name plaques are excluded from the above require-
ments.
h. Exterior Graphics or Art
Painting of garage doors with multiple colors or designs is prohibited. All garage
doors shall be one color, with a second color allowed for accents only.
I. Performance Standards
The development and maintenance of uses in th is PUD District shall be established in
conformance with the following standards.
1. Platting: Subdivision plats and improvement plans shall be submitted in accord-
ance with Article 11. Land Subdivision, of the City of Dubuque Unified Development
Code.
2. 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.
3. 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
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satisfactory to the Engineering Department of the City of Dubuque. Other applicable
regulations enforced by the City of Dubuque relative to storm water management and
drainage shall apply to properties in the PUD District.
4. Noises: Noises generated within the PUD District shall be regulated by Chapter
33, Article IV, Noises, of the City of Dubuque Code of Ordinances.
5. Phased construction of buildings and parking spaces: The construction of off-
street parking spaces may be phased in proportion to the percentage of total building
floor area constructed at any one time. Ground area set aside for future parking, load-
ing spaces or driveways or for parking provided in excess of the minimum required
number of parking spaces shall not reduce the minimum required area for open sp ace.
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 property
in the PUD District.
J. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the trans-
fer or lease agreement a provision that the purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment of the district.
K. Modifications
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.
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 20th day of August 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24 th day of August 2018.
/s/Kevin S. Firnstahl, City Clerk
2. Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project
Adjacent to 396 West Locust Street: Proof of publication for notice of public hearing to
consider vacating a 10-foot-wide alley adjacent to the property at 396 West Locust Street
and just west of the intersection of West 17th Street and West Locust Street to facilitate a
Housing Department project, and the City Manager recommending approval. Motion by
Del Toro to receive and file the documents and adopt Resolution No. 252-18 Vacating the
10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley’s Subdivision, in the City of
Dubuque, Iowa, to be known as Lot 15A of D.N. Cooley’s Subdivision, in the City of Dubu-
que, Iowa. Seconded by Larson. Motion carried 6-0.
RESOLUTION NO. 252-18
VACATING THE 10-FOOT-WIDE ALLEY ADJACENT TO LOTS 14 AND 15 IN D.N.
COOLEY’S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS
LOT 15A OF D.N. COOLEY’S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
26
Whereas, the City of Dubuque Housing Department has requested the vacating of the
10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley’s Subdivision, in the City of
Dubuque, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated July 25, 2018 prepared by the City of Dubuque Engineering Department,
describing the proposed vacated alley right of way, in the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 10th day of August, 2018, the City Council of the City of
Dubuque, Iowa met on the 20th day of August, 2018, at 6:00 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated 10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley’s Subdivision,
in the City of Dubuque, Iowa to be known as Lot 15A of D.N. Cooley’s Subdivision, in the
City of Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 15A of D.N. Cooley’s Subdivision, in
the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved, and adopted this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Millwork District Parking Lot #2 - Elm Street Parking Lot Project: Proof of publication
for notice of public hearing to consider approval of plans, specifications, form of contract,
and estimated cost for the Millwork District Parking Lot #2 Project (aka Elm Street Parking
Lot), and the City Manager recommending approval. Motion by Larson to receive and file
the documents and adopt Resolution No. 253-18 Approval of plans, specifications, form
of contract, and estimated cost for the Millwork District Parking Lot #2 Project. Seconded
by Resnick. Responding to questions from the City Council, City Manager Van Milligen
provided a brief history of the past and future parking requirements and needs in the
Historic Millwork District. Motion carried 6-0.
RESOLUTION NO. 253-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE MILLWORK DISTRICT PARKING LOT #2 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 Mill-
work District Parking Lot #2 project, in the estimated amount $463,895.00, are hereby
approved.
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Passed, adopted, and approved this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Twin Ridge Lift Station Abandonment Project: Proof of publication for notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the Twin Ridge Lift Station Abandonment Project, and the City Manager recom-
mending approval. Motion by Resnick to receive and file the documents and adopt R es-
olution No. 254-18 Approval of plans, specifications, form of contract, and estimated cost
for the Twin Ridge Lift Station Abandonment Project. Seconded Del Toro. Motion carried
6-0.
RESOLUTION NO. 254-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTR ACT, AND ESTI-
MATED COST FOR THE TWIN RIDGE LIFT STATION ABANDONMENT 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 Twin
Ridge Lift Station Abandonment project, in the estimated amount $112,216.00, are
hereby approved.
Passed, adopted, and approved this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Dubuque Industrial Center West - McFadden Farm Grading Phase I Project: Proof
of publication for notice of public hearing to consider approval of the plans, specifications,
form of contract and the estimated cost for the Dubuque Industrial Center West – McFad-
den Farm Grading Phase I Project, and the City Manager recommending approval. Mo-
tion by Resnick to receive and file the documents and adopt Resolution No. 255-18 Ap-
proval of plans, specifications, form of contract, and estimated cost for the DICW - McFad-
den Farm Grading Phase I Project; and Resolution No. 256-18 Authorization to advertise
for bids for the DICW - McFadden Farm Grading Phase I Project. Seconded by Jones.
Motion carried 6-0.
RESOLUTION NO. 255-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE DICW - MCFADDEN FARM GRADING PHASE I PROJECT
Whereas, the City of Dubuque, Iowa (City) purchased 36.5 acres of property (the
McFadden Farm) from McFadden Properties, LLC. The McFadden Farm is within the
City’s current industrial park, along Chavenelle Road, is ad jacent to existing developed
industrial property, and has City utilities available at its perimeter; and
Whereas, Dubuque is one of four finalist communities in four states under considera-
tion by a company reviewing locations for a corporate expansion with an approximately
$350 million capital investment to construct a 350,000 square-foot facility that would em-
ploy approximately 450 people within five (5) years with an estimated annua l payroll ex-
ceeding $22 million; and
28
Whereas, to strengthen Dubuque’s bid for selection and to remain a viable option for
the project, City staff is recommending an expedited plan to begin site preparation on City
property in Dubuque Industrial Center West; and
Whereas, plans, specifications, form of contract and estimated costs have been pre-
pared for site preparation with an estimated cost of $613,676.80.
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
DICW - McFadden Farm Grading Phase I Project in the estimated amount of $613,676.80
are hereby approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted, and approved this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 256-18
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE DICW - MCFADDEN FARM
GRADING PHASE I PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
DICW - McFadden Farm Grading Phase I project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Engineer is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached 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.org/bids. Publication will
occur not less than thirteen but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 4th day of September 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 4th day of September 2018, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa
Passed, adopted, and approved this 20th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Representing the Friends of Fair Housing with the NAACP Dubuque Chapter, Lynn
Sutton, 859 Air Hill; and Tom Loguidice, 786 Stone Ridge Pl., addressed the City Council
regarding the progress and continued needs they have witnessed in rental housing code
enforcements. Ms. Sutton and Mr. Loguidice expressed concerns regarding repeated ex-
tensions for violations that they perceive as some landlords’ way of avoiding violations
and fines. Ms. Sutton relayed her experiences and those of some tenants about being
intimidated and/or threatened when building code violations are identified or reported.
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ACTION ITEMS
1. Black Hills Energy Annual Report: Laura Roussell, Senior Community Affairs Man-
ager; and Mark Ernst, Customer Relations Manager, for Black Hills Energy presented the
company’s annual report. Mr. Roussell addressed their contact sheet, safety brochure,
annual personalized report for Dubuque, and the corporate environmental report. Mr. Er-
snt provided information on the BHE pipeline serving Dubuque’s south end, promoting
compressed natural gas vehicles, partnering with the W&RRC and the DMASWA for the
capture of methane and renewable natural gas. Motion by Resnick to receive and file the
documents. Seconded by Del Toro. Motion carried 6-0.
2. Northeast Iowa Community College (NICC) Bond Levy Update: NICC President Dr.
Liang Chee Wee provided an update on the College's September 11, 2018 referendum
for continuing the current bond levy. Highlights included information on the College’s need
for upgrades to technology, security, infrastructure, and flexible training space. Dr. Wee
addressed the regional impact of NICC and referenced the handouts distributed. Motion
by Jones to receive and file the documents. Seconded by Resnick. Motion carried 6 -0.
3. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noise (2nd Read-
ing as Amended from the August 6, 2018 Meeting): City Attorney recommending aban-
doning the 2nd reading of the originally proposed ordinance due to additional amend-
ments from staff since the August 6, 2018 reading. Motion by Jones to receive and file
the documents and abandon the 2nd reading of the ordinance as recommended. Se-
conded by Larson. Responding to a request by City Council, City Attorney Brumwell
stated that the reason for the abandonment was due to additional language changes that
staff identified since the amendments Council voted on with the first reading of August 6,
2018. Motion carried 6-0.
4. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noise as Amended:
City Attorney recommending approval of an update to the prohibited noises and exempt
noises ordinances to update and correct some terminology in the prohibited noises ordi-
nance and add provisions and sections that further clarifying the use, prohibitions and
exemptions of outdoor music or amplified noise. This amendment includes changes re-
quested by Council and suggested by staff from the August 6, 2018 City Council meeting.
Motion by Jones to receive and file the documents and that the requirement that a pro-
posed ordinance be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Mayor
Buol stated that he was conflicted about voting the ordinance through in the absence of
Council Member Shaw who had voiced some concerns at the August 6, 2018 meeting.
Motion failed 5-1 with Buol voting nay.
Motion by Jones to consider the first reading of proposed ordinances amending City of
Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chap-
ter 5 Noises, Section 6-5-1 Prohibited Noises; and amending City of Dubuque Code of
Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 65 Noises,
Section 6-5-3 Exempt Noises. Seconded by Resnick. Motion carried 6-0.
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There being no further business, upon motion the City Council adjourned at 6:58 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk