9 17 18 City Council Proceendings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 6:00 p.m. on September 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios (joined
at 5:32 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Excursion Boating on the Mississippi.
WORK SESSION
Excursion Boating on the Mississippi River
Travel Dubuque President Keith Rahe presented information on the economic devel-
opment impact of excursion boating. Highlights inclu ded overview of the boats that dock
in Dubuque, number of stops per year, travel patterns, overnight and day cruises, total
passenger counts, length of dock time, and six-year totals of riverboat dockings.
David Simmons of Viking River Cruises shared an overview of Viking’s business in
Europe, expansion onto the Mississippi River market, passenger demographics, and po-
tential and desire for working with the City on cost-sharing construction of a docking fa-
cility in Dubuque.
Mr. Simmons responded to questions from the City Council regarding the excursion
timeline and docking durations, and how the industry is complying with the Jones Act that
regulates river travel.
Mayor Buol advised Council to refer additional questions to the City Manager for dis-
tribution to Mr. Simmons.
There being no further business, upon motion the City Council adjourned at 6:00 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on September 17, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Days of Peace and Ceasefire (September 18-20, 2018) was accepted by DoP Com-
mittee Treasurer Art Roche, DoP Committee Chair Barb Ilten, and DoP Committee Mem-
ber R.R.S. Stewart.
2. Rail Safety Week (September 23-29, 2018) was accepted by Thomas Skinner, Spe-
cial Agent, Central Division, NSI Regional Intelligence Office.
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 Item #7 be
held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 9/5; Catfish Creek Wa-
tershed Management Authority of 9/5, City Council Proceedings of 9/4, 9/10; Historic
Preservation Commission of 8/16; Park and Recreation Advisory Commission of 8/14;
Resilient Community Advisory Commission of 8/2; Zoning Advisory Commission of 9/5;
Zoning Board of Adjustment of 8/23; Proof of publication for City Council Proceedings of
8/13, 8/15, 8/20. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Kelly Casperson for vehicle damage, Jerald Kinsella for
property damage, Gerald Klein for property damage, Abby McGrane -Ralston for vehicle
damage, David Prince for vehicle damage, Steve Ruden for property damage, Daniel
Scott for property damage, Sisters of the Presentation for property damage, Brock Tyner
for vehicle damage, Morgan Weaver for vehicle damage, Doug Winner for vehicle dam-
age, Suit by Michael and Jacqueline Wood for vehicle damage/personal injury. Upon mo-
tion the documents were received, filed, and referred to the City Attorney.
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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: William Baum for vehicle damage, Jerald Kinsella for property damage,
Gerald Klein for property damage, Lynn McCormick/Partners Mutual Insurance for vehicle
damage, Abby McGrane-Ralston for vehicle damage, David Prince for vehicle damage,
Steve Ruden for property damage, Daniel Scott for pe rsonal injury/property damage, Sis-
ters of the Presentation for property damage, Morgan Weaver for vehicle damage. Upon
motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received, filed and ap-
proved.
5. 2018 City Council Goals and Priorities: City Manager providing a copy of the public
information brochure outlining the City Council's 2018 Goals and Prioritie s. Upon motion
the documents were received and filed.
6. State of Iowa Annual Street Financing Report: City Manager recommending ap-
proval of the City of Dubuque’s Fiscal Year 2018 City Street Financing Report and au-
thorizing filing with the Iowa Department of Transportation. Upon motion the documents
were received and filed, and Resolution No. 270-18 Approving the City of Dubuque Fiscal
Year 2018 City Street Financing Report was adopted.
RESOLUTION NO. 270-18
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2018 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2017 to June
30, 2018 is hereby approved and that the City Clerk is hereby authorized and directed to
file said report with the Iowa Department of Transportation.
Passed, approved and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. 2017 Integrated Pest Management Annual Report: The Integrated Pest Manage-
ment Working Group transmitting the 2017 Integrated Pest Management Annual Report
which has been reviewed by the Resilient Community Advisory Commission and the
Parks & Recreation Commission. Motion by Larson to receive and f ile the documents.
Seconded by Resnick. Ms. Larson thanked staff for their efforts. Responding to questions
from Ms. Larson, Assistant City Manager Cori Burbach stated that the program has had
an impact on increased staff time, but that they are working on using more native plant
materials that won’t require as much maintenance and that they have seen about a 60%
decrease in chemical usage that is expected to improve next season. Motion carried 7-0.
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8. USAID/ICMA Planning for Climate Adaptation Program in Dominican Republic: City
Manager providing a copy of the public information brochure detailing the results of the
pro-bono labor partnerships, including the City of Dubuque, with the Dominican Republic
through the USAID/ICMA Planning for Climate Adaptation Program. Upon motion the
documents were received and filed.
9. Transit Asset Management Plan: City Manager recommending that the City Council
approve the Operations, Asset Management, Safety and Security Manual as required by
the Federal Transit Administration for the Transportation Services Department. Upon mo-
tion the documents were received, filed and approved.
10. School Resource Officer (SRO) Agreement with Dubuque Community Schools for
School Year 2018/2019: City Manager recommending approval of the Fiscal Year
2018/2019 School Resource Officer Agreement with the Dubuque Community School
District and acceptance of the Dubuque Community School District’s financial support.
Upon motion the documents were received, filed and approved.
11. Iowa Department of Transportation Local Primary Highway Maintenance Supple-
mental Agreements: City Manager recommending approval of several Iowa Department
of Transportation Supplemental Agreements for Local Primary Highway Maintenance,
Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping
Maintenance and Traffic Signal Maintenance between the Iowa Department of Transpor-
tation and the City of Dubuque. Upon motion the documents were received, filed and
approved.
12. Dubuque Regional Humane Society Agreement Amendment: City Manager rec-
ommending an amendment to the current five -year agreement with the Dubuque Re-
gional Humane Society that began July 1, 2015. Upon motion the documents were re-
ceived, filed and approved.
13. Neztrop, LLC - Dedication of Permanent Signage Easement: City Manager recom-
mending approval of a Dedication of Permanent Signage Easement across Parts of Lot
2-1 of Stone Brook Center Second Addition in the City of Dubuque, which is located at
the southeast corner of the intersection of Stone Valley Drive and US Highway 20. Upon
motion the documents were received and filed, and Resolution No. 271-18 Accepting a
Dedication of Permanent Signage Easement across parts of Lot 2 -1 of Stone Brook Cen-
ter Second Addition, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 271-18
ACCEPTING A DEDICATION OF PERMANENT SIGNAGE EASEMENT ACROSS
PARTS OF LOT 2-1 OF STONE BROOK CENTER SECOND ADDITION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Neztrop, LLC has dedicated a Permanent Signage Easement across Parts
of Lot 2-1 of Stone Brook Center Second Addition, in the City of Dubuque, Iowa as shown
of the Plat of Survey of Lot 1 -1 and Lot 2-1 of Stone Brook Center Second Addition, in
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the City of Dubuque, as recorded in the Dubuque County Recorder’s Office as document
number 2018-9689, a copy of which is attached hereto.
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 Dedication of Permanent Signage Easement across Parts of Lot 2-1
of Stone Brook Center Second Addition, in the City of Dubuque, Iowa, Iowa from Neztrop,
as shown on the Plat of Survey of Lot 1 -1 and Lot 2-1 of Stone Brook Center Second
Addition, in the City of Dubuque, as recorded in the Dubuque County Recorder’s Office
as document number 2018-9689, for the purposes of constructing and maintaining an
existing city welcome sign with landscaping and appurtenances.
Section 2. The Mayor is hereby au thorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Self-Funded Health Plan 509A Certification Consultant: City Manager recommend-
ing approval to continue using Insurance Strategies Consulting to prepare the 509A Cer-
tification for the City of Dubuque’s Self -Funded Health Plan and approve the Services
Engagement Letter. Upon motion the documents were received, filed and approved.
15. Plat of Survey for BGJ Kremer Place No. 2: Zoning Advisory Commission recom-
mending approval of the Plat of Survey for BGJ Kremer Place No. 2. Upon motion the
documents were received and f iled, and Resolution No. 272-18 Approving the Plat of
Survey of BGJ Kremer Place No. 2 Dubuque County, Iowa was adopted.
RESOLUTION NO. 272-18
APPROVING THE PLAT OF SURVEY OF BGJ KREMER PLACE NO. 2 IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey BGJ Kremer Place
No. 2 in the Dubuque County, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap-
proved private street, where 50 feet of street frontage is required by Section 11-14 of Title
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 or an ap-
proved private street for Lot 1.
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Section 2. That the Plat of Survey BGJ Kremer Place is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Preliminary FEMA Floodplain Maps: City Manager recommending approval of a
recommended response from the City of Dubuque to the Federal Emergency Manage-
ment Agency (FEMA) regarding correspondence from FEMA Region VII related to pre-
liminary floodplain maps for the City of Dubuque. Upon motion the documents were re-
ceived, filed and approved.
17. Eagle Point Park Watermain Extension and Water Service Replacement Project
Award: City Manager recommending that the award for the Eagle Point Park Watermain
Extension and Water Service Replacement Project to Mainline Excavation Co., Inc. be
officially recorded in the minutes of the City Council. Upon motion the documents were
received, filed and made a Matter of Record.
18. Right-of-Way Management Technician Position: City Manager recommending ap-
proval to eliminate one Engineering Assistant II position and create one Right -of-Way
Management Technician position in the Engineering Department. Upon motion the doc-
uments were received, filed and approved.
19. 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. 273-18 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. 274-18 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vap or permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 273-18
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:
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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
Dubuque Home Designs 2490 Meinen Ct. Class B Native Wine
Java Joe’s Coffee House 342 Main St. Class C Liquor, Class B Wine (Ca-
tering) (Sunday)
Phillips 66/Arby's 10 South Main St. Class C Beer (Sunday)
Red Robin America's Gour-
met Burgers & Spirits
2775 NW Arterial Class C Liquor (Outdoor) (Sunday)
New
Wicked Dame 214 West 1st St. Class C Liquor, Class B Wine (Sun-
day)
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees Special Class C Liquor (Outdoor)
Passed, approved, and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 274-18
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47 A
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
Northside Liquor and Tobacco 2013 Central Ave. #1
Passed, approved, and adopted this 17th day of September, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 7-0.
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1. Maquoketa Valley Electric Cooperative 30-Day Extension of Franchise: City Man-
ager recommending that the City Council set a public hearing for October 1, 2018, on a
possible 30-day extension to Maquoketa Valley Electric Cooperative’s electric franchise
agreement that is set to expire October 3, 2018. Upon motion the documents were re-
ceived and filed, and Resolution No. 275-18 Setting a public hearing on an ordinance
extending the term of the franchise granted to Maquoketa Valley Electric Cooperative for
an additional thirty days was adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on October 1, 2018 in the Historic Federal Building.
RESOLUTION NO. 275-18
SETTING A PUBLIC HEARING ON AN ORDINANCE EXTENDING THE TERM OF THE
FRANCHISE GRANTED TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE FOR
AN ADDITIONAL THIRTY DAYS
Whereas, City of Dubuque Ordinance No. 20-04, granted to Maquoketa Valley Electric
Cooperative, its successors and assigns (the Company), the right and non -exclusive fran-
chise (the Franchise) to maintain and operate in the City of Dubuque, Iowa (City) its ex-
isting electrical system within the limits to the City of Dubuque; and
Whereas, the Franchise expires October 3, 2018; and
Whereas, the Company has agreed to a thirty-day extension of the Franchise to nego-
tiate a new franchise; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
grant the extension; and
Whereas, Iowa law requires that the City Council hold a public hearing on the extension
of the term of a franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the Ordinance granting
an extension of the term of the franchise granted to Maquoketa Valley Electric Coopera-
tive for an additional thirty days is hereby set for the 1st day of October, 2018 in the City
Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, begin-
ning at 6:00 p.m.
Section 2. The City Clerk shall publish notice of the public hearing as required by law.
Passed, approved and adopted the 17th day of September, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Maquoketa Valley Electric Cooperative Franchise Fee: City Manager recommending
that the City Council set a public hearing for October 1, 2018 on an ordinance imposing
a franchise fee of 5% on Maquoketa Valley Electric Cooperative. Upon motion the docu-
ments were received and filed, and Resolution No. 276-18 Setting a public hearing on an
ordinance imposing a franchise fee of five percent (5%) on the gross revenue generated
from the distribution and sale of electricity within the city of Dubuque by Maquoketa Valley
Electric Cooperative was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on October 1, 2018 in the Historic Federal Building.
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RESOLUTION NO. 276-18
SETTING A PUBLIC HEARING ON AN ORDINANCE IMPOSING A FRANCHISE FEE
OF FIVE PERCENT (5%) ON THE GROSS REVENUE GENERATED FROM THE DIS-
TRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY MA-
QUOKETA VALLEY ELECTRIC COOPERATIVE
Whereas, City of Dubuque Ordinance No. _____, adopted by the City Council on the
1st day of October, 2018, granted to Maquoketa Valley Electric Cooperative, its succes-
sors and assigns (hereinafter referred to collectively as “the Company”), the right and
non-exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and
operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the dis-
tribution of electric energy along, under, over and upon the streets, avenues, rights of
way, alleys, public places or public grounds (excluding parks) to serve customers within
the City, and to furnish and sell electric energy to the City and its inhabitants; and
Whereas, said Ordinance authorizes the City to impose by ordinance a franchise fee
up to the amount allowed by Iowa law upon the gross revenue generated from sales of
electricity by the Company within the corporate limits of the City; and
Whereas, pursuant to the previous franchise ordinance, Ordinance No. 20 -04, City of
Dubuque Ordinance No. 13-15 imposed a franchise fee of five percent (5%); and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
continue to impose a franchise fee of five percent (5%) under the franchise ordinance,
Ordinance No. _______.
Whereas, Iowa law requires that the City Council hold a public hearing on the question
of the adoption of the Ordinance imposing a franchise fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the Ordinance imposing
a franchise fee of five percent (5%) on Maquoketa Valley Electric Cooperative is hereby
set for the 1st day of October, 2018 in the City Council Chambers, Historic Federal Build-
ing, 350 West 6th Street, Dubuque, Iowa, beginning at 6:00 p.m.
Section 2. The City Clerk shall publish notice of the public hearing as required by law.
Passed, approved and adopted the 17th day of September, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Maquoketa Valley Electric Cooperative Franchise Agreement: City Manager recom-
mending that the City Council set a public hearing for October 1, 2018 on an ordinance
granting a new Franchise Agreement with Maquoketa Valley Electric Cooperative. Upon
motion the documents were received and filed, and Resolution No. 277-18 Setting a pub-
lic hearing on an ordinance granting to Maquoketa Valley Electric Cooperative, its suc-
cessors and assigns, the right and non-exclusive franchise to acquire, construct, erect,
maintain and operate in the City of Dubuque, Iowa, an electric system and to furnish and
sell electric energy to the City and its inhabitants for a period of 25 years and authorizing
the City to collect franchise fees was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on October 1, 2018 in the Historic Federal Building.
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RESOLUTION NO. 277-18
SETTING A PUBLIC HEARING ON AN ORDINANCE GRANTING TO MAQUOKETA
VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT
AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAIN-
TAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC SYSTEM
AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABIT-
ANTS FOR A PERIOD OF 25 YEARS AND AUTHORIZING THE CITY TO COLLECT
FRANCHISE FEES
Whereas, Ordinance No. 20-04 granted to Maquoketa Valley Electric Cooperative, its
successors and assigns, a nonexclusive authority effective March 2, 2004 (the ac-
ceptance date by Maquoketa Valley Electric Cooperative), to maintain and operate an
electric system within the limits of the City of Dubuque, Iowa (the Current Franchise
Agreement), which Current Franchise Agreement expires October 3, 2018; and
Whereas, the City Council of the City of Dubuque desires to enter into a new franchise
agreement with Maquoketa Valley Electric Cooperative. A copy of the Ordinance granting
the franchise, attached hereto, is on file in the Office of the City Clerk, City Hall, 50 W.
13th Street, Dubuque, Iowa; and
Whereas, Iowa law requires that the City Council hold a public hearing on the question
of the adoption of the Ordinance granting the franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the Ordinance granting
the franchise to Maquoketa Valley Electric Cooperative is hereby set for the 1st day of
October, 2018 in the City Council Chambers, Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, beginning at 6:00 p.m.
Section 2. The City Council hereby dispenses with an election on the adoption of the
Ordinance as provided by Iowa Code sec. 364.2(4)(b).
Section 3. The City Clerk shall publish notice of the public hearing as required by law.
Passed, approved and adopted the 17th day of September, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Fiscal Year 2019 First Budget Amendment : City Manager recommending the first
Fiscal Year 2019 Budget Amendment be set for public hearing for October 1, 2018. Upon
motion the documents were received and filed, and Resolution No. 278-18 Setting the
date for the public hearing on Amendment No. 1 to the Fiscal year 2019 Budget for the
City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on October 1, 2018 in the Historic Federal Building.
RESOLUTION NO. 278-18
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2019 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the
hearing as provided in Iowa Code Section 362.3.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2019 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Mon-
day, October 1, 2018, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by
Lease Supplements Between the City of Dubuque, Iowa and Southwestco Wireless, Inc.
D/B/A Verizon Wireless: City Manager recommending that the City Council set a public
hearing for October 1, 2018, on the City’s intent to dispose of an interest in real property
owned by the City of Dubuque by lease supplements between the City of Dubuque, Iowa,
and Southwestco Wireless, Inc. d/b/a Verizon Wireless that will add three small cell loca-
tions. Upon motion the documents were received and filed, and Resolution No. 279-18
Intent to dispose of an interest in real property owned by the City of Dubuque by Leases
between the City of Dubuque, Iowa and Southwestco Wireless, Inc., D/B/A Verizon Wire-
less was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
October 1, 2018 in the Historic Federal Building.
RESOLUTION NO. 279-18
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASES 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:
Property at 3564 Digital Dr. Dubuque, IA;
Property at 2701 Rockdale Road, Dubuque, IA; and
Public right-of-way at the southwest corner of the intersection of Rosemont Street
and Creston Street
(the Properties); 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 certain spaces on and within the Properties as
shown on SC1 Exhibit 1-Site Plan of Premises; SC3 Exhibit 1-Site Plan of Premises; and
SC7 Exhibit 1-Site Plan of Premises, attached to the Lease Supplements; and
Whereas, City and Verizon have tentatively agreed to the Lease Supplements, at-
tached hereto; and
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Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Supplements.
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 Properties by
Lease Supplements 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 Properties by Lease Supplements, to be held
on the 1st day of October 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 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. John F. Kennedy Road Sidewalk Installation Project Initiate : City Manager recom-
mending preliminary approval of the construction p lans and specifications, approval of
the Resolution of Necessity, approve the Preliminary Schedule of Assessments and initi-
ation of the public bidding process for the John F. Kennedy Road Sidewalk Installation
Project. It is further recommended that a public hearing be set for October 15, 2018. Upon
motion the documents were received and filed, and Resolution No. 280-18 Resolution of
Necessity for the John F. Kennedy Road Sidewalk Installation Proje ct; Resolution No.
281-18 Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids ; Resolution No. 282-18 Approving the pre-
liminary plats, schedule of assessments and estimate of total cost for the John F. Ken-
nedy Road Sidewalk Installation Project; and Resolution No. 283-18 Fixing date of public
hearing on Resolution of Necessity were adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on October 15, 2018 in the Historic Federal Building.
RESOLUTION NO. 280-18
RESOLUTION OF NECESSITY FOR THE JOHN F. KENNEDY ROAD SIDEWALK IN-
STALLATION PROJECT
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for
the John F. Kennedy Road Sidewalk Installation Project have been duly prepared and
approved by the City Council of the City of Dubuque and ordered placed on file in the
office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The John F. Kennedy Road Sidewalk Installation Project will provide:
Installation of 4-foot-wide sidewalk along John F. Kennedy Road on both sides of
the street from Asbury Road to the NW Arterial (IA 32) adjacent to abutting properties
that do not currently have sidewalks
• Excavation to allow for the installation of the sidewalk
• Installation of base stone for the sidewalk
• Installation of 4” thick sidewalk in most areas
13
• Installation of 6” thick sidewalk at driveway crossings
• Installation of modular block retaining walls where needed due to topography to
accommodate the sidewalk.
• Restoration of disturbed area with topsoil and seed.
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will hear property owners subject to the assess-
ment and interested parties for or against the improvement, its cost, the assessment, or
the boundaries of the district.
That the City Council deems it advisable and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on
the Resolution of Necessity, the property owner is deemed to have waived all objections
pertaining to the regularity of the proceeding and the legality of using the special assess-
ment procedure.
Said improvements shall be constructed in accordance with the plans and specifica-
tions which have been approved by the City Council and are now on file in the Office of
the City Clerk. The cost of making such improvement will be assessed against property
lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 281-18
JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the John
F. Kennedy Road Sidewalk Installation Project in the estimated amount $366,363.61, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 15th day of October, 2018, at 6:00 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
14
appear and file objections to the proposed plans, specifications, form of contract, or esti-
mated cost of the Project.
The John F. Kennedy Road Sidewalk Installation Project is hereby ordered to be ad-
vertised 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 a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty -five days before the
date for filing bids before 2:00 p.m. on the 18th day of October 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 15th day of October 2018, in the Historic Federal Building Coun-
cil Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 282-18
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES-
TIMATE OF TOTAL COST FOR THE JOHN F. KENNEDY ROAD SIDEWALK INSTAL-
LATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached preliminary plats, schedule of assessments, and estimate of total
cost for the John F. Kennedy Road Sidewalk Installation Project are hereby approved.
Passed, approved and adopted this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 283-18
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, preliminary schedule of assessments, and estimated total cost for the
John F. Kennedy Road Sidewalk Installation Project and ordered the plat, schedule of
assessments, and estimate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 15th day of October 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
At which time the owners of property subject to assessment for the proposed improve-
ment or any other person having an interest in the matter may appear and be heard for
or against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
15
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a notice of the time
and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two con-
secutive weeks, the first publication of which shall be not less than ten days prior to the
day fixed for its consideration.
Passed, adopted and approved this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following commission.
1. Parks and Recreation Advisory Commission: One, 3-year term through June 30,
2019 (Vacant term of Lyness). Applicant: Robert McCoy, 265 Main St. Motion by Jones
to appoint Mr. McCoy to the vacant, 3-year term through June 30, 2019. Seconded by
Larson. Motion carried 7-0.
PUBLIC HEARINGS
1. Planned Unit Development (PUD) Amendment for Mercy Hospital / Mercy Drive :
Proof of publication on notice of public hearing to consider approval of a request from St.
Joseph Mercy Hospital to amend the Mercy Hospital ID Institutional District at 250 Mercy
Drive, 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 passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Jones. Cody Austin, Project Man-
ager with IIW Engineers, 4155 Pennsylvania Avenue, described the project and ad-
dressed parking/traffic patterns. Assistant Planner Wally Wernimont gave a staff report.
Motion carried 7-0.
Motion by Shaw for final consideration and passage of Ordinance No. 31-18 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
scinding Ordinance 12-18, and approval of an amended Campus Development Plan for
the Mercy Hospital Institutional District to allow construction of a new Cance r Center
Building. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RESCINDING ORDINANCE 12-18, AND AP-
PROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE MERCY
HOSPITAL INSTITUTIONAL DISTRICT TO ALLOW CONSTRUCTION OF A NEW
CANCER CENTER BUILDING
16
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, be amended by rescinding Ordinance 12 -18, and providing for the approval
of an amended campus development plan for the Mercy Hospital ID Institutional District
to allow construction of a new Cancer Center Building, a copy of which is on file with the
City of Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-described
ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Hospitals.
b. Outpatient care facilities.
c. Office for administrative personnel or other institutional employees or affili-
ates.
d. Classrooms, laboratories, lecture halls, auditoriums and similar places of
institutional assembly.
e. Off-street parking and loading.
f. Facilities and operations for the diagnosis, care, and treatment of human
health disorders, including examinations in operating rooms, physical therapy or
x-ray facilities, psychiatric treatment, convalescent care, and similar hospital -re-
lated uses. This provision shall include separate doctors’ clinics, drug stores, and
other medical facilities not owned or operated by the principal inst itution and in-
cluded in the conceptual development plan.
2. Accessory Uses. The following uses shall be permitted as accessory uses in
the above-described ID Institutional District.
a. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or
magazine stands, but only when operated or located entirely within a principal
building.
b. As an accessory use to a medical institution, and allocated entirely within a
principal building, facilities for the compounding, dispensing, or sale of drugs o r
medicines, prosthetic devices, lotions and preparations, dental care supplies,
eyewear, bandages or dressings, and similar medical or health-related supplies.
c. Group daycare center.
d. All uses customarily incidental to the principal permitted uses in conjunction
with which such accessory use is operated or maintained, but not to include com-
mercial uses outside the principal building.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
All buildings, structures, and activities shall be located in substantial conformance
with the attached Campus Development Plan and subsequent amended campus de-
velopment plans.
C. Performance Standards
17
The development and maintenance of uses in this ID Institutional District shall be
established in conformance with Section 5-22 of the Unified Development Code and
the following standards:
1. The storm water control shall be designed and built in accordance with City
Regulations subject to review and approval by the City of Dubuque Engineering
Department.
2. That appropriate erosion and sediment control will be installed prior to com-
mencement of any land disturbing activity related to the subject project, including all
required state and city permits related to erosion control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the Unified De-
velopment Code.
5. All utilities, including telephone and cable television, shall be i nstalled under-
ground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the
Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows.
1. The number of spaces, location, and design of the new parking lot shall be in
substantial compliance with the amended campus plan.
2. Any significant expansion or reduction in the number of off -street parking
spaces must be reviewed by Planning Services staff for compliance with the
adopted Institutional District regulations.
E. Signage
The following regulations shall apply to all signs in the Mercy ID Institutional District
as follows:
1. The maximum allowable area limitation for wall-mounted identification signs
for Mercy Hospital shall be established at 350 square feet per property street front-
age adjoining Langworthy, Mazzuchelli, Wooten and Dodge. The maximum size of
any one sign shall not exceed 250 square feet and the maximum number of signs
for any one frontage shall not exceed eight.
2. The maximum allowable area limitation for freestanding identification signs for
Mercy Hospital shall be established at 350 square feet per property street frontage
adjoining Langworthy, Mazzuchelli, Wooten and Dodge. The maximum size of any
one sign shall not exceed 250 square feet and the maximum number of signs for
any one frontage shall not exceed four.
3. All existing wall-mounted and freestanding signs may be relocated as is re-
quired by additions, alterations, or changes in building configuration for Mercy Hos-
pital. The square footage limitations herein above described in Nos. 1 and 2 shall
apply.
4. A maximum area of 350 cumulative square feet of sign face per each frontage
on Wooten, Hill and Langworthy for Medical Associates Clinic be established. The
maximum area of any sign shall not exceed 200 square feet and the maximum num-
ber of signs shall not exceed 12.
18
5. That all other sign regulations not herein identified shall conform to Section 16-
5 of the Unified Development Code.
F. Ordinance History
3-89: Mercy Hospital/Medical Associates building addition, parking lot improve-
ments and rezoning adjoining property from R-2 to ID.
38-90: Extension of construction schedule.
35-93: Mercy Hospital/Medical Associates building expansion and property along
Hill Street added.
55-99: Clara Street property added.
12-18: Allowed construction of a new parking lot near existing helicopter pad.
G. Additional Standards
That all previously approved campus development plans are hereby amended to
allow for the attached campus development plan.
H. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires rezoning of
the property to an appropriate zoning district.
I. Modifications
Any modifications of this Ordinance must be approved by the City Council in accord-
ance with zoning reclassification proceedings of Article 9 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. The foregoing amendment shall take affect upon publications, as provided
by law.
Passed, approved and adopted this 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22 nd day of September
2018.
/s/Kevin S. Firnstahl, City Clerk
2. Planned Unit Development (PUD) Amendment - 5000 Block of Pennsylvania Ave-
nue: Proof of publication on notice of public hearing to consider approval of a request
from the City of Dubuque to rezone AG Agricultural Zoning District and PI Planned Indus-
trial Zoning District to Dubuque Industrial Center West (DICW) Planned Unit Development
(PUD) Zoning District in the 5000 Block of Pennsylvania Avenue, 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 pa s-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Assistant Planner Wally Wernimont gave a staff report.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 32-18 Amending
Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by re-
scinding Ordinances No. 14-98, No. 07-02, and No. 83-04, and by rezoning approximately
19
124 Acres of Property from AG Agricultural District and Approximately 36 Acres of Prop-
erty from PI Planned Industrial to the regulations of the Dubuque Industrial Center West
PUD Planned Unit Development District with a Pi Planned Industrial Designation . Se-
conded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-18
AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE
CODE OF ORDINANCES, BY RESCINDING ORDINANCES NO. 14-98, NO. 07-02,
AND NO. 83-04, AND BY REZONING APPROXIMATELY 124 ACRES OF PROPERTY
FROM AG AGRICULTURAL DISTRICT AND APPROXIMATELY 36 ACRES OF PROP-
ERTY FROM PI PLANNED INDUSTRIAL TO THE REGULATIONS OF THE DUBUQUE
INDUSTRIAL CENTER WEST PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH
A PI PLANNED INDUSTRIAL DESIGNATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordi-
nances is hereby amended by reclassifying the hereinafter described property from AG
District and PI Planned Industrial to the regulations of the Dubuque Industrial Center West
PUD Planned Unit Development District with a PI Planned Industrial designation and
adopting an amended conceptual development plan, a copy of which is attached to and
made a part hereof, with conditions for the Dubuque Industri al Center West as stated
below, to wit:
Lot 2 McFadden Farm Place, Lot 2 McFadden Farm Place #2, SW ¼ NW ¼ Section
29 T89N R2E, SE ¼, NW ¼ Section 29 T89N R2E and Lot 1 of 1 NW ¼ NW ¼
Section 29 T89N R2E, and to the centerline of the adjoining public right -of-way, all
in the City of Dubuque, Iowa
Section 2. Attached hereto and made a part of this zoning reclassification approval is
an amended Conceptual Development Plan for the Dubuque Industrial Center West
Planned Unit Development. It is recognized that minor shifts or modifications to the gen-
eral plan layout may be necessary and compatible with the need to acquire workable
street patterns, grades, and usable building sites. The general plan layout, including the
requirements shall be used as the implementation guide.
Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an ex-
press condition of the reclassification, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and imposed to satisfy the public needs that are caused directly by the zoning reclassifi-
cation:
A) Definitions
1) Building Related Features
Building related features are defined as all constructed items which rise above
the grade surface of the lot. These include:
a) The primary building
b) All accessory or secondary buildings
c) All exterior storage areas
d) Exterior refuse collection areas
20
e) Exterior mechanical equipment
f) Containerized or tank storage of liquids, fuels, gases and other materials.
2) Vehicle Related Features
Vehicle related features are defined as all areas used for the movement and park-
ing of all vehicles within the lot. These include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way line to and from parking spaces.
c) Loading spaces outside of the building.
d) Maneuvering spaces outside of the building.
e) Parking spaces for company-owned commercial vehicles.
f) Fire lanes.
g) Railroad tracks.
3) Open Space Features
Open space features are defined as those exterior areas and developed features
of the lot which include:
a) Landscaped space containing lawn areas and plantings.
b) Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entry-
ways and courtyards.
c) Surface storm water detention areas not otherwise used for building-related
or vehicle-related purposes.
d) Open recreation areas and recreational trail.
e) Other non-building and non-vehicular related space.
B) Use Regulations.
The following regulations shall apply to all uses made of land in the above-described
PUD District:
Zone A: General Purpose and Description. Zone A is intended to provide for a lim-
ited amount of commercial development that will serve industrial park employees
with daily commercial and service needs. The development of Zone A shall resem-
ble a small shopping center with shared access, parking and signage to promote a
unified commercial appearance. Exterior storage is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities including substations
b) Business services
c) Gas station/convenience/car wash
d) Laundry/dry cleaner
e) Indoor restaurant
f) Drive-in/carry-out restaurant
g) Drive-up automated bank teller
h) Banks, savings and loans, and credit unions
i) Group day care center
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the following:
a) Any use customarily incidental and subordinate to the principal use it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
21
Zone B: General Purpose and Description. Zone B is intended to provide for a variety
of uses primarily involving light manufacturing, assembly and fabrication, warehousing,
wholesaling, office uses and business services. Exterior storage is prohibited.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities
b) Corporate offices
c) Medical/dental lab
d) Mail-order houses
e) Printing and publishing
f) Laboratories for research and engineering
g) Wholesale sales/distributor
h) Vending/game machine sales/service
i) Cold storage/locker plants
j) Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
k) Tool, die, and patter making
l) Manufacture, assembly, repair or storage of electrical and electronic prod-
ucts, components or equipment
m) Warehousing and storage facilities, not to include mini-warehouses
n) Manufacturing, processing, fabrication, assembling, packaging or other
comparable treatment of goods or materials, entirely within enclosed buildings
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an acces-
sory structure on the same lot. Day care centers are subject to state and local
regulations.
1) Indoor floor area (excluding halls and bathrooms) must be provided per child
in areas occupied by cribs as per State Code;
2) Indoor floor area (excluding halls and bathrooms) must be provided per child
in areas not occupied by cribs times the licensed capacity as per State Code;
3) Fenced outdoor recreation space must be provided per child using the
space at a given time as per State Code;
4) Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
5) All licenses have been issued or have been applied for awaiting the outcome
of the Board’s decision;
6) No group day care center may be located within the same structure as any
gas station, bar/tavern, automated gas station or any facility selling, servicing,
repairing or renting vehicles;
7) The parking group requirements can be met;
8) The conditional use applicant certifies that the premises on which the group
day care center will be located complies with, and will for so long as the group
day care center is so located, continue to comply with all local, sta te and fed-
eral regulations governing hazardous substances, hazardous wastes, and
hazardous materials, including, but not limited to Iowa Code chapter 455B
(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental
22
Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Sec-
tion 302 of the Superfund Amendments and Reauthorization Act of 1986; and
9) If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, the Emergency Manage-
ment Director shall certify whether or not the applicant has submitted a current
inventory of extremely hazardous substances kept or stored on the premises.
If any such extremely hazardous substances are kept or stored on the prem-
ises, the applicant shall also post in a conspicuous place on the premises a
notice indicating a description of the extremely hazardous substances, and the
physical and health hazards presented by such substances.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b) Any use customarily incidental and subordinate to the principal use it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone C: General Purpose and Description. Zone C is intended to provide for a variety of
uses primarily involving light manufacturing, assembly and fabrication, warehousing,
wholesaling, and office uses. Exterior storage is allowed with some restrictions, and must
be screened from view from both the public right-of-way and surrounding privately owned
property.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities
b) Corporate offices
c) Medical/dental lab.
d) Mail-order houses-
e) Printing and publishing
f) Laboratories for research and engineering
g) Moving/storage facilities
h) Wholesale sales/distributor
i) Freight transfer facilities
j) Vending/game machine sales/service
k) Cold storage/locker plants
l) Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
m) Tool, die, and pattern making
n) Manufacture, assembly, repair or storage of electrical and electronic prod-
ucts, components or equipment
o) Warehousing and storage facilities, not to include mini-warehouses
p) Manufacturing, processing, fabrication, assembling, packaging or other
comparable treatment of goods or materials, entirely within enclosed buildings
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an acces-
sory structure on the same lot. Day care centers are subject to state and local
regulations.
23
1) Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas occupied by cribs as per State Code;
2) Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas not occupied by cribs times the licensed capacity as per State
Code;
3) Fenced outdoor recreation space must be provided per child using the
space at a given time as per State Code;
4) Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
5) All licenses have been issued or have been applied for awaiting the out-
come of the Board’s decision;
6) No group day care center may be located within the same structure as
any gas station, bar/tavern, automated gas station or any facility selling,
servicing, repairing or renting vehicles;
7) The parking group requirements can be met
8) The conditional use applicant certifies that the premises on which the
group day care center will be located complies with, and will for so long as
the group day care center is so located, continue to comply with a ll local,
state and federal regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehen-
sive Environmental Response Compensation and Liability Act; 40 C.F.R.
Section 3-2.4; and Section 302 of the Superfund Amendments and Reau-
thorization Act of 1986; and
9) If the applicant is subject to the requirements of Section 302 of the Su-
perfund Amendments and Reauthorization Act of 1 986, the Emergency
Management Director shall certify whether or not the applicant has submit-
ted a current inventory of extremely hazardous substances kept or stored
on the premises. If any such extremely hazardous substances are kept or
stored on the premises, the applicant shall also post in a conspicuous place
on the premises a notice indicating a description of the extremely hazardous
substances, and the physical and health hazards presented by such sub-
stances.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b) Any use customarily incidental and subordinate to the principal use it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone D: General Purpose and Description. Zone D is intended to provide appropriate
locations for heavy industrial uses. Exterior storage is allowed, provided it is screened
from view from public right-of-way.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities
b) Corporate offices
24
c) Mail order houses
d) Printing and publishing
e) Laboratories for research and engineering
f) Moving/storage facilities
g) Wholesale sales/distributor
h) Freight transfer facilities
i) Fuel and ice dealers
j) Cold storage/locker plants
k) Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
l) Compounding, processing and packaging of chemical products
m) Manufacture, assembly, repair or storage of electrical and electronic prod-
ucts, components or equipment).
n) Warehousing and storage facilities, not to include mini- warehouses
o) Manufacturing, processing, fabrication, assembling, packaging or other
comparable treatment of goods or materials
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an acces-
sory structure on the same lot. Day care centers are subject to state and local
regulations.
1) Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas occupied by cribs as per State Code;
2) Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas not occupied by cribs times the licensed capacity as per State
Code;
3) Fenced outdoor recreation space must be provided per child using the
space at a given time as per State Code;
4) Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
5) All licenses have been issued or have been applied for awaiting the out-
come of the Board’s decision;
6) No group day care center may be located within the same structure as
any gas station, bar/tavern, automated gas station or any facility selling,
servicing, repairing or renting vehicles;
7) The parking group requirements can be met
8) The conditional use applicant certifies that the premises on which the
group day care center will be located complies with, and will for so long as
the group day care center is so located, continue to comply with all local ,
state and federal regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehen-
sive Environmental Response Compensation and Liability Act; 40 C.F.R.
Section 3-2.4; and Section 302 of the Superfund Amendments and R eau-
thorization Act of 1986; and
9) If the applicant is subject to the requirements of Section 302 of the Su-
perfund Amendments and Reauthorization Act of 1986, the Emergency
25
Management Director shall certify whether or not the applicant has submit-
ted a current inventory of extremely hazardous substances kept or stored
on the premises. If any such extremely hazardous substances are kept or
stored on the premises, the applicant shall also post in a conspicuous place
on the premises a notice indicating a description of the extremely hazardous
substances, and the physical and health hazards presented by such sub-
stances.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b) Any use customarily incidental and subordinate to the principal use it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone E: General Purpose and Description. Zone is intended to provide a location for
businesses that require exterior handling or storage of materials or equipment. Exterior
handling or storage is allowed, except along Seippel Road, where it is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities
b) Corporate offices
c) Mail-order houses.
d) Printing and publishing
e) Laboratories for research and engineering
f) Moving/storage facilities
g) Wholesale sales/distributor
h) Freight transfer facilities.
i) Fuel and ice dealers
j) Cold storage/locker plants
k) Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
l) Compounding, processing and packaging of chemical products
m) Manufacture, assembly, repair or storage of electrical and electronic prod-
ucts, components or equipment
n) Warehousing and storage facilities, not to include mini-warehouses
o) Manufacturing, processing, fabrication, assembling, packaging or other
comparable treatment of goods or materials entirely within enclosed bui ldings
p) Contractors shop/yard
q) Recycling industries entirely within enclosed buildings with no outdoor stor-
age
r) Timber processing
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b) Any use customarily incidental and subordinate to the principal use it serves.
4) Temporary uses shall be limited to the following:
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Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone O: General Purpose and Description: Zone O is intended to serve as an amenity
to the industrial park, providing open space and control of storm water to protect down-
stream properties.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities
b) Parks, nature areas, playgrounds, and similar recreational u ses
c) Picnic areas
d) Recreational trails
e) Club houses, shelter houses, tennis courts, or playground equipment, or
other recreational buildings and structures when associated with parks, nature
areas, playgrounds, recreational facilities
f) Construction of dams, reservoirs, or detention ponds
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the following:
a) Any use customarily incidental or subordinate to the principle use it serves.
4) Temporary uses reserved for future use.
C. Lot and Bulk Regulations.
Development of land in Zones A, B, C, D, E and O shall be regulated as follows:
1) All building structures and activities shall be located in conformance with the
attached conceptual development plan and all final s ite development plans shall
be approved in accordance with provisions of the PUD District regulations of this
ordinance and of Section 5-24 PUD Planned Unit Development of the Unified
Development Code.
2) All buildings related features in Zones A, B, C, D, E and O shall be in accord-
ance with the following bulk regulations chart:
Zone
Minimum
Lot area
In Acres
Lot Front-
age Mini-
mum Feet
Front Yard
Setback
Minimum
Feet
Side Yard
Setback
Minimum
Feet
Rear Yard
Setback
Minimum
Feet
Building
Height
Maximum
Feet
A ½ acre 100 20 10* 20 30
B 2 acres 100 50 10 25 50
C 2 acres 100 50 25 25 75
D 2 acres 100 50 25 50 100
E 2 acres 100 50 10 25 50
O N/A N/A N/A N/A N/A N/A
*0-foot side yard setbacks from property lines shall be permitted for attached buildings.
a) Lots smaller than minimum will be allowed if the parcel is consolidated or
combined with a larger lot. Substations for public and quasi-public utilities shall
be exempt from lot frontage and lot area requirements.
b) Maximum lot coverage shall be 80 percent. All building and vehicle related
features shall be considered when calculating total land area coverage, except
fire lanes and railroad tracks.
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c) Maximum building height shall be as stipulated in the bulk regulations chart
above, except the following may exceed the height limit: cooling towers, con-
densers, elevator bulkheads, stacks and other necessary mechanical equip-
ment and their protective housing. Heating, ventilating and air conditioning
(HVAC) equipment is limited to 10 feet above height limitation, except in Zone
A where 30 feet maximum height includes HVAC equipment.
d) Within required front, side and rear setbacks, only driveways, fire lanes,
railroad tracks, open space features, and primary and secondary signage are
allowed. Parking lots may encroach up to 50% into a required front yard set-
back.
D. Parking and Loading Regulations
1) All vehicle-related features, except for railroad tracks, shall be surfaced with
either asphalt or concrete.
2) All parking and loading spaces shall be delineated on the surfacing material
by painted strips or other permanent means.
3) The number, size and design of parking spaces shall be governed by applica-
ble provisions of City of Dubuque Unified Development Code.
4) The number, size and design and location of parking spaces designated for
persons with disabilities shall be according to the local, state or federal require-
ments in effect at the time of development.
5) The location and number of private driveway intersections with public streets
shall be reviewed and approved by the City Engineer. Access shall generally be
limited to internal streets.
6) No on-street maneuvering of delivery vehicles will be allowed on any street.
Lots shall provide all necessary maneuvering space for delivery vehicles within
the boundaries of the lots.
7) All loading docks for shipping and receiving of raw and manufactured goods
shall be designed to provide for the direct movement of goods between the de-
liver vehicle and the interior of the building.
E. Sign Regulations
1) Applicability of City of Dubuque Ordinances: The provisions of Section 15
Signs of the Unified Development Code shall apply unless further regulated by
this section.
2) Off-Premise Signs: Off-premise signs shall be prohibited.
3) On-Premise Signs: On-premise signs shall be erected or constructed in ac-
cordance with the following regulations.
a) Allowable content: signs, messages and graphics shall be limited to the fol-
lowing contents:
1) Industrial Center signs: limited to identification of Dubuque Industrial
Center West
• Entrance signs
• Directory signs
2) Company primary signs: limited to identification of uses in Zones B,
C, D, and E
• Identification of company name
• Identification of company products or services by generic name only
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• Graphic symbol or logo identified with the company
3) Commercial primary signs: limited to identification of uses in Zone A
• Identification of business name
• Identification of business products or services by generic names only
• Graphic symbol or logo identified with the business
4) Secondary signs: allowable in all zones
• Street address
• Directional messages necessary for the safe and efficient flow of ve-
hicular and pedestrian traffic on the lot
• Identification of visitor entrances to the building, shipping and receiv-
ing docks and other delivery points
• Identification of assigned parking spaces and parking spaces acces-
sible to persons with disabilities
• Temporary announcements of pending or new construction
• Commemorative messages
b) Schedule of sign regulations: allowable structural type, size, number, and
height shall be limited to the following requirements.
Type of Sign Maximum Size Maximum Num-
ber
Allowable
Structure
Type
Maximum
Height*
Industrial Center
Entrance Signs
200 square feet per
sign face
Six (6) signs Monument 12 feet
Industrial Center
Directory Signs
30 square feet per
sign face
Three (3) signs Monument 8 feet
Company Pri-
mary Signs
10% of building wall
sign is mounted on or
400 total square feet
of sign area, which-
ever is less.
2 signs per street
frontage per
business
Wall-
mounted
Below
eave or
parapet
150 square feet per
sign face
1 sign per busi-
ness restricted to
interior street
frontages only.
Monument 10 feet
Commercial Pri-
mary Signs
100 square feet per
sign face
2 signs per busi-
ness provided
only 1 sign may
be a monument-
style sign
Wall-
mounted
Below
eave or
parapet
Monument 10 feet
Secondary Signs 6 square feet per
sign face
No maximum
number
Wall-
mounted
Below
eave or
parapet
Monument 6 feet
*The height of monument-style signs shall be measured from average grade to top of
sign structures.
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c) Variances: Variances from sign requirements for size, number and height
may be requested. Such variances shall be reviewed by the Zoning Board of
Adjustment in accordance with Section 8-6 Variance Procedure of the Unified
Development Code.
d) Lighting: Signs may be illuminated only by means of indirect lighting,
whereby all light sources and devices are shielded from view by opaque or
translucent materials, or internally illuminated by means of a light source com-
pletely enclosed by the sign panel.
e) Motion: No signs may include any device or means, mechanical, electrical
or natural, which shall cause any motion of the sign panel or any part thereof.
No flashing lights or changing colors shall be allowed.
F. Exterior Storage Regulations
Exterior storage shall be in accordance with the following regulations:
Zone Allowable Prod-
ucts Stored
Allowable
Location
Allowable Screening
Materials
Mini-
mum
Opacity
Maximum
Height of
Screening
A PROHIBITED
B PROHIBITED
C Finished Goods Rear or
side yards
Synthetic materials,
wood, masonry, brick
or stone similar to
building color
50% 10 feet
D Raw or finished
goods; equipment
Rear or
side yards
Similar to building
color
50% 12 feet
E* Raw of finished
goods; equipment
Rear or
side yards
Similar to building
color
100% 15 feet
O PROHIBITED
*Exterior storage is prohibited on lots fronting Seippel Road.
1) Exterior storage of materials, which could be blown into the air or strewn about
by the wind, shall be prohibited.
2)Exterior storage, where allowed, shall not encroach into a front yard. A front
yard may exceed the required front yard setback.
3)The ground area coverage of exterior storage areas shall be the area contained
inside the required screening. This area shall be considered to be a building-
related feature for purposes of calculating total land area coverages.
4)Exterior storage (where allowed) must be screened from view from adjacent
public right-of-way. In Zone C, exterior storage must be screened from both the
public right-of-way and surrounding privately owned property.
5)The screening height shall be measured from the ground level outside the line
of the screen. Screens built on sloping grades shall be stepped so that their top
line shall be horizontal.
6) Required screening is intended to buffer surrounding property from the nega-
tive visual impact created by the storage of raw or finished goods, materials and
equipment that can adversely impact the value of adjacent property.
30
7) The City Planner may grant a waiver for screening to exceed the maximum
height allowed, when topography or height of individual finished products or
equipment could make it impossible to completely screen a storage area from
every vantage point. The City Planner may not grant waiver in maximum screen-
ing height for raw materials or stacked goods.
8) All exterior entrances to a screened storage area shall be provided with a gate
or door of similar design to that of the screen.
9) Long-term storage of products or materials in semi-trailers or shipping contain-
ers is prohibited.
G. Exterior Trash Collection Area Requirements
1) Exterior trash collection areas shall include collection bins, dumpsters, and
similar waste receptacles for the short-term storage and collection of trash. Trash
shall include garbage, scrap, recyclables, debris and similar materials.
2) The storage of trash shall be limited to that produced by the principal permitted
use and accessory uses of the lot. Exterior storage of trash, which could be blown
into the air or strewn about by the wind, shall be prohibited.
3) The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening. This area shall be considered a building-
related feature for purposes of calculating total land area coverages.
4) Exterior trash collection areas shall be located in rear or side yards only. Ex-
terior trash collection areas shall not encroach into a front yard. A front yard may
exceed the required front yard setback.
5) All exterior trash collection areas and the materials contained therein shall be
screened from view from the adjacent public right-of-way.
6) The screening shall be a completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so that their top line
shall be horizontal.
7) Exposed materials used to construct the opaque screen shall be similar in
appearance to materials used for exterior building walls. All exterior entrances to
a screened trash area shall be provided with a gate or door of similar design to
that of the screen.
8) If a 10-foot high screen fails to shield the exterior trash collection area from
view from the adjacent public right-of-way, evergreen plantings may be required
in addition to the screening. Evergreen plant materials shall be selected and de-
signed so that they will screen the area from the adjacent public right -of-way
within five (5) years.
H. Landscaping Regulations
The following Landscape Regulations shall apply to each lot:
1) Plant Materials: The open space area of each lot shall be planted with perma-
nent lawn and ground covers, shrubs and trees. It is the intent of these regula-
tions that the development of required open spaces shall reflect a high quality of
environmental design.
2) Landscaping: The following is the minimum requirement of trees and shrubs,
by number and size, and the type of ground cover required. Street trees planted
in public street right-of-way shall not be counted toward fulfillment of the minimum
31
site requirements set forth below. Plant species to be used for landscaping shall
be in accordance with the City of Dubuque street tree policy. Existing trees and
shrubs to be retained on site may be counted toward fulfillment of the landscaping
requirements.
a) Minimum tree planting requirements for any new development in the Dubu-
que Industrial Center West shall be one (1) tree of the following size per 1,600
square feet of required open space:
40% minimum: 2-2 1/2” caliper diameter deciduous and/or 8 -foot height or
greater evergreen.
Balance: 1 ½ - 2” caliper diameter deciduous and/or 6-foot height evergreen.
b) Minimum shrub requirements at the time of planting for any development in
the PUD District, shall be 6 shrubs, or 1 shrub per 1,000 square feet of required
open space, whichever is greater.
Shrubs shall be a minimum of 18” height or minimum of one (1) gallon potted.
3) Landscape berms and/or plantings shall be required as screening for parking
areas adjacent to public streets and shall be a minimum of three (3) feet in height
and can utilize natural grade changes to achieve the required 50% opacity land-
scaping screen. Parking lot screening is in addition to required landscaping of
open space areas.
4) Trees shall be provided in all parking lot islands, which are of sufficient size to
ensure the growth and survival of the trees. Trees planted in parking lot islands
may be counted toward the minimum tree planting requirements.
5) The developer of any lot fronting Seippel Road and/or Chavanelle Road shall
participate in the planting trees compatible in species and spacing with tree plant-
ings, which have previously been completed by the City along said streets.
6) The installation of required planting materials may be phased in direct propor-
tion to the phasing of building construction. Required landscaping shall be in-
stalled by the date the Building Services Department issues an occupancy certif-
icate, or if winter weather prevents planting, within six months of being issued an
occupancy certificate.
7) To reduce erosion, all disturbed open space areas shall have ground cover of
grass or native vegetation, which is installed as sod, or seeded, fertilized and
mulched.
8) The lot owner is required to replant any and all plant materials, which have
died due to any cause during the effective period of this PUD Ordinance.
9) A detailed landscape plan shall be required as part of submittal for final site
development plan approval.
10) The area between the public street and the right-of-way line shall be planted
with grass and maintained by the lot owner.
11) Industrial Center landscaping: Common areas and streetscapes of the PUD
District shall be in accordance with the landscape plan, a copy of which is at-
tached and made a part of this PUD ordinance.
I. Performance Standards.
The development and maintenance of uses in this PUD District shall be established
in conformance with the following standards:
32
1) Site Lighting: exterior illumination of site features and location and design of
site lighting shall be in accordance with the following requirements:
a) Exterior Illumination of site features shall be limited to the illumination of the
following:
• Parking areas, driveways and loading facilities
• Pedestrian walkway surfaces and entrances to building
• Screened storage areas
• Building exterior
b) Location and design of site lighting shall be in accordance with the following
requirements:
• All exterior lighting shall be designed, installed and maintained so as
not to cause glare or to shine in adjacent lots and streets.
• No light source shall provide illumination onto adjacent lots, buildings
or streets in excess of 1.0-foot candle.
• All exterior lighting luminaries shall be designed and installed to shield
light from the luminaire at angles above 72 degrees from vertical.
• Fixtures mounted on a building shall not be positioned higher than the
roofline of the building.
• Wooden utility type poles are acceptable only for temporary use during
construction.
• All electrical service lines to posts and fixtures shall be underground
and concealed inside the posts.
2) Utility Locations: Service lines and mechanical equipment for utilities shall be
located in accordance with the following requirements.
a) Service Lines: All electrical, telephone cable and other similar utility lines
serving the building and other site features shall be located underground.
b) Mechanical Equipment: All ground-mounted electrical transformers, switch-
ing gear, relay boxes, meters, air conditioning units, heat pumps and other
similar mechanical equipment shall be screened from view. Screening may
consist of plantings or masonry walls. Plantings shall achieve 50% opacity af-
ter three (3) growing seasons and a masonry wall shall appear to be an integral
part of the building’s overall architectural design.
3) Site Plans: Final site development plans shall be submitted in accordance with
Section 12 Site Plans of the Unified Development Code prior to construction of
each building and vehicle-related feature unless otherwise exempted by Section
12 Site Plans.
4) 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 ex-
isting storm sewers or to flow line of open drainage ways outside the lot in a
means that is satisfactory to the Public Works 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 Distric t.
5) Platting: The conceptual development plan shall serve as the preliminary plat
for this PUD District. Subdivision plats and improvement plans shall be submitted
in accordance with Chapter 11 Land Division of the City of Dubuque Unified De-
velopment Code.
33
6) Noises: Noises generated within the PUD District shall be regulated by Chapter
33, Article IV Noises, of the City of Dubuque Code of Ordinances.
7) Street Lighting: Streetlights shall be installed in accordance with City of Dubu-
que standards.
8) Flood Plain Regulations: The area of the PUD District that lies within the flood
plain of Catfish Creek shall be subject to the regulations of Section 6 -4 Flood
Hazard Overlay Districts of the Unified Development Code.
9) 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, loading spaces or driveways or for parking provid ed in excess of the
minimum required number of parking spaces shall not reduce the minimum re-
quired area for open space.
10) Other Codes and Regulations: These regulations do not relieve an owner
from other applicable City, County, State and Federal codes, regulations, laws
and other controls relative to the planning, construction, operation and manage-
ment of property in the PUD District.
J. Open Space and Recreational Areas
Those areas not designated on the conceptual development plan as “open” shall be
maintained as open space by the property owner and/or association. The recrea-
tional trail shall be maintained by the property owner and/or association.
K. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
L. Modifications.
Any modifications of this Ordinance must be approved by the City Council in a ccord-
ance with zoning reclassification proceedings of Section 9 of the Unified Develop-
ment Code.
M. Recording.
A copy of this ordinance shall be recorded at the expense of the property owner(s)
with the Dubuque County Recorder as a permanent record of the conditions ac-
cepted as part of this reclassification approval within thirty (30) days after the adop-
tion of this ordinance. This ordinance shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 5. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September
2018.
/s/Kevin S. Firnstahl, City Clerk
34
3. Request to Rezone 1895 Radford Road : Proof of publication on notice of public
hearing to consider approval of a request from Richard Sova / Landover Corporation to
rezone a portion of property located at 1895 Radford Road from LI Light Industrial Zoning
District to OC Office Commercial Zoning District, 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 suspe nded. Seconded
by Del Toro. Applicant Richard Soba spoke in favor of the request. Assistant Planner
Wally Wernimont gave a staff report. Responding to questions from the City Council, Mr.
Soba stated that the unit would mostly be one- to two-bedroom per specifications from
the Iowa Economic Development Authority adding that the units would be in the affordable
ranking and preferably pet-friendly. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 33-18 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at 1800 Block of Radford Road from LI
Light Industrial District to OC Office Commercial District. Seconded by Del Toro. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1800 BLOCK OF RADFORD ROAD FROM LI LIGHT IN-
DUSTRIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT
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
LI Light Industrial District to OC Office Commercial District, to wit:
Lot 1 Wolff Place No. 2, 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 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September
2018.
/s/Kevin S. Firnstahl, City Clerk
4. Water Main Extension to Tamarack Park Project : Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract, and esti-
mated cost of the Water Main Extension to Tamarack Park Project, and the City Manager
recommending approval. Motion by Shaw to receive and file the documents and adopt
35
Resolution No. 284-18 Approval of plans, specifications, form of contract and estimated
cost for the Water Main Extension to Tamarack Park Project. Seconded by Del Toro.
Motion carried 7-0.
RESOLUTION NO. 284-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE WATER MAIN EXTENSION TO TAMARACK PARK PRO-
JECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT Y OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Water Main Extension to Tamarack Park project, in the estimated amount $518,125.00,
are hereby approved.
Passed, adopted and approved this 17th day of September 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Daniel Scott, 611 University #4, commended Fire Equipment Operator Jeff Breitbach
for the personal assistance Jeff has provided Mr. Scott, who is confined to a wheelchair.
Additionally, Mr. Scott stated that his troubled past has inspired him to pay it forward
by counseling other troubled persons that might be hesitant to approach a community
agency for assistance.
Mikki Ender, 1760 Lori Street, and a member of t he FIDO dog-friendly group, ad-
dressed the Council about expanding Dubuque’s pet-friendly efforts as referenced in the
Council’s goals and priorities or help with dog-friendly legislation.
Carol Meyer, 2644 John F. Kennedy Road, addressed the Council about her opposition
to the upcoming public hearing on the installation of sidewalks along JFK Road.
Cathy Spear, 2551 John F. Kennedy Road, and also speaking on behalf of her father
at 2639 JFK Road, spoke in opposition to the upcoming public hearing on the installation
of sidewalks along JFK Road.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Report: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation. Mr. Dickinson offered his congratulations on the Build-a-Bet-
ter-Block project currently underway in the 1800 block of Central Avenue. He then re-
viewed GDDC’s InfoAction Dashboard that included data on their company visits, com-
munity strengths and weaknesses, barriers to growth, workforce assessment, community
human resource professionals’ feedback, personal barriers to employment, and recruit-
ment and job skills training. Mr. Dickinson highlighted the True North Program for revital-
izing Dubuque’s North End. Motion by Resnick to receive and file the documents. Se-
conded by Jones. Motion carried 7-0.
36
2. 2018 City Expo Flyer: City Manager providing a copy of the flyer announcing the
2018 City Expo, 4-7 p.m. on September 18, 2018 at Five Flags Center. Motion by Jones
to receive and file the documents. Seconded by Resnick. Mayor Buol reiterated the infor-
mation on the event and encouraged everyone to attend. Motion carried 7 -0.
3. Parking Smart Meter Pilot Memorandum of Understanding: City Manager recom-
mending approval to negotiate the final details and sign a Memorandum of Understanding
with Municipal Parking Services for the purpose of a smart meter pilot that will be com-
pleted at no cost to the City and will provide valuable data to City staff and City Council
for evaluating wider use of this technology in the meter districts. Staff provided a brief
presentation. Motion by Jones to receive and file the documents, approve the recommen-
dation and view the presentation. Seconded by Resnick. Transportation Services Man-
ager Candace Eudaley-Loebach and Scott Schmitt of Municipal Parking Services pro-
vided a brief description of the pilot program and demonstrated the smart meter. Re-
sponding to questions from the City Council, Ms. Loebach and Mr. Schmitt described
what data could be gleaned from the smart meter and how it could be used within the
organization. The presenters also addressed concerns with the revenue -sharing and rev-
enue-streaming aspects following the pilot project if installation is approved. Motion car-
ried 6-1 with Shaw voting nay.
4. Broadband Update and Request for Approval to Contract with Environmental Sys-
tems Research Institute, Inc. (ESRI): City Manager providing an update on continuing
broadband activity and recommending approval to contract with ESRI for support services
for development of a broadband application viewer that would leverage open data for
maps and applications to provide information to the public regarding options for broad-
band providers and services and obtain feedback from residents. Motion by Jones to re-
ceive and file the document and approve the recommendation. Seconded by Del Toro.
Responding to questions from the City Council, Information Services Manager Chris Kohl-
mann and Sustainability Coordinator for Greater Dubuque Developmen t Corporation, Da-
vid Lyons, on how staff could continuously track data that addresses issues and informs
the public of what options are available based on demographics. Motion carried 6 -1 with
Rios voting nay.
5. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (Final
Reading): City Manager recommending approval of an update to the prohibited noises
and exempt noises ordinances to update some terminology in the prohibited noises ordi-
nance and add provisions and sections that further clarify the use, prohibitions and ex-
emptions of outdoor music or amplified noise. Motion by Jones for final consideration and
passage of Ordinance No. 34-18 Amending City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited
Noises; and Ordinance No. 35-18 Amending City of Dubuque Code of Ordinances Title
6, Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt
Noises. Seconded by Resnick. Council Member Shaw reiterated his concerns with taking
privileges away from citizens based on only a few complaints and questioned the prohi-
bition of the amplified music added since previous versions. Motion carried 5-2 with Shaw
and Buol voting nay.
37
OFFICIAL PUBLICATION
ORDINANCE NO. 34-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-1 PRO-
HIBITED NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-1 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
6-5-1: PROHIBITED NOISES:
No person shall cause or permit any loud and excessive noise that results in annoy-
ance or discomfort to a reasonable person of normal sensitivities. Without limiting or pre-
cluding enforcement of any other provision of this chapter or this code, the following are
hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device such
as that on any automobile, motorcycle, bus, or other vehicle on any street or public
place of the city, except as a danger warning, or the sounding of any such device
for an unnecessary and unreasonable period of time.
B. Crying of Wares: The sale by outcry within any area of the city zoned for resi-
dential uses. However, this subsection shall not be construed to prohibit the selling
by outcry of merchandise, food and beverages at licensed sporting events, parades,
fairs, circuses and other similar licensed public entertainment events, no r to prohibit
the selling of newspapers by outcry.
C. Animals and Fowl: The keeping of, upon any premises owned, occupied or
controlled by any person, any animal or fowl otherwise permitted to be kept which,
by any sound or cry, shall cause annoyance or discomfort to a reasonable person
of normal sensibilities.
D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive
noise in connection with loading or unloading any vehicle or the opening and de-
struction of bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive
noise on any street adjacent to any school, institution of learning, church or court
while same is in use, or adjacent to any hospital, which unreasonably interferes wit h
the workings of such institution, or which disturbs or unduly annoys patients in the
hospital.
F. Construction: The creation of any loud or excessive noise resulting from erec-
tion, excavation, demolition, alteration, or repairs related to any structure, infrastruc-
ture, or building except between the hours of seven o'clock (7:00) a.m. and eight
o'clock (8:00) p.m., Monday through Friday, and nine o'clock (9:00) a.m. and six
o'clock (6:00) p.m. on Saturday and Sunday.
G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ram-
ming, pneumatic hammer, or similar construction equipment, except between the
hours of eight o'clock (8:00) a.m. and six o'clock (6:00) p.m., Monday through Friday,
and nine o'clock (9:00) a.m. and six o'clock (6:00) p.m., Saturday and Sunday, and
when so permitted, only if equipped with an effective muffling device.
38
H. Refuse or Recyclables Collection: The collection of garbage, trash, refuse or
recyclables in any area zoned residential except between the hours of six o'clock
(6:00) a.m. and nine o'clock (9:00) p.m. of any day and, when so permitted, only in
a manner so as not to create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting from the
repair or rebuilding of any motor vehicle within any residential area of the city except
between the hours of nine o'clock (9:00) a.m. and nine o'clock (9:00) p.m. daily but
only in such a manner that a reasonable person of normal sensitivities residing in
the area will not be caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine, includ-
ing a steam engine, internal combustion engine, motorboat or motor vehicle or the
discharge of air or other gases except through a muffler or other device that will
effectively prevent loud or explosive noises therefrom.
K. Stationary Machinery, Equipment and Fans: The operation of any immobile
machine, equipment, pump, fan or similar mechanical device in any manner so as
to create any loud and excessive noise.
L. Loud, Unnecessary or Unusual Noise: Notwithstanding any other provision of
this chapter or code, and in addition thereto, it shall be unla wful for any person to
make or continue or cause to be made or continued any loud, unnecessary, or un-
usual noise which disturbs the peace or quiet of any neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitivities.
M. Outdoor Music or Amplified Noise:
1. The making or continuing to make any outdoor music or amplified noise
between the hours of ten o'clock (10:00) p.m. on Sunday and nine o'clock (9:00)
a.m. on Monday, ten o'clock (10:00) p.m. on Monday and nine o'clock (9:00) a.m.
on Tuesday, ten o'clock (10:00) p.m. on Tuesday and nine o'clock (9:00) a.m. on
Wednesday, ten o'clock (10:00) p.m. on Wednesday and nine o'clock (9:00) a.m.
on Thursday, ten o'clock (10:00) p.m. on Thursday and nine o'clock (9:00) a.m.
on Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) a.m.
on Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock
(9:00) a.m. on Sunday, when the person making or causing to make such music
or noise knows or reasonably should know the music or noise would disturb the
peace of a reasonable person; or
2. During the course of sport team and intramural practices conducted on the
grounds of a Dubuque public or parochial school or college campuses.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on the 21st of September 2018.
/s/Kevin S. Firnstahl, City Clerk
39
OFFICIAL PUBLICATION
ORDINANCE NO. 35-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6 -5-3 EX-
EMPT NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
6-5-3: EXEMPT NOISES:
The following noises are exempt from the provisions of this chapter:
A. Emergency Operations: Emergency short term operations that are necessary
to protect the health and welfare of the citizens, such as emergency utility and street
repair, fallen tree removal or emergency fuel oil delivery, shall be exempt from the
prohibition of section 6-5-1 of this chapter; provided, that reasonable steps shall be
taken by those in charge of such operations to minimize noise emanating from the
same.
B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter shall
not apply to any noise required specifically by law for the protection or safety of
people or property.
C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers,
small lawn and garden tools, riding tractors and snow removal equipment that is
necessary for the maintenance of property, if kept in good repair and maintenance,
shall be exempt from the prohibition of section 6-5-1 of this chapter. No person shall
operate such equipment, however, with the exception of snow removal equipment,
except between the hours of eight o'clock (8:00) a.m. and sunset, Monday through
Friday, and nine o'clock (9:00) a.m. to sunset, Saturday and Sunday.
D. Residential Air Conditioners: Noise emitted by residential air conditioners shall
be governed by section 6-5-4 of this chapter.
E. Airplanes: Aircraft operations that are controlled specifically by federal law
shall be exempt from the prohibition of this chapter.
F. Bells, Chimes: Bells, chimes and similar devices that signal the time of day
and operate during the daytime hours for a duration of no longer than five (5)
minutes in any given one hour period shall be exempt from the prohibition of section
6-5-1 of this chapter.
G. Entertainment and Sporting Events.
1. Reasonable sounds emanating from sanctioned sporting events conducted
on the grounds of a Dubuque public or parochial school or college or university
campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m.
Sunday through Thursday, and 9:00 a.m. and 12:00 (midnight) on Friday and
Saturday. For purposes of this section Sanctioned sporting events are described
as competitive matches between teams from different institutions. Sanctioned
sporting events includes one-hour prior to the event and one half -hour after the
event. Sports team practices and intramurals are not considered sanctioned
sporting events under this code.
40
2. Reasonable sounds emanating from musical instruments of marching bands
or other musical teams, without electronic amplification, engaged in performance
or practice, conducted on the grounds of a Dubuque public or parochial school or
college or university campuses between the hours of 7:00 a.m. and 10:00 p.m.
Sunday through Thursday, and 7:00 a.m. and 12:00 (midnight) on Friday and
Saturday.
3. Nothing in this section shall be read to prohibit a public -address announcer
at events during the permissible hours.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on the 21st of September 2018.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment - Title 7 Door Hangars: City Manager recommend-
ing approval of an amendment to the City’s door hanger ordinance. Motion by Resnick 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 Del Toro. Responding to questions
from the City Council, City Attorney Brumwell provided background on how the item came
to Council based on public input from a previous meeting [5/7/18]. Motion carried 7-0.
Motion by Shaw for final consideration and passage of Ordinance No. 36-18 Amending
City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5
Offenses, Article A General Offenses, Section 7-5A-5 Advertising Materials, Billposting;
Littering. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES,
SECTION 7-5A-5 ADVERTISING MATERIALS, BILLPOSTING; LITTERING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-5 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
7-5A-5: ADVERTISING MATERIALS; BILLPOSTING; LITTERING:
A. Display of Advertising Materials on Public Property; Removal; Costs: When-
ever the city manager shall find signs, advertising, displays or any other materials
or articles on public property, in violation of any provision of this code or other city
ordinance or any law, the city manager shall cause such materials or articles to be
removed and destroyed and the owner of the materials or articles shall pay the costs
incurred by the city for removing and destroying such materials or articles.
B. Posting Bills Without Consent Prohibition and Exceptions:
1. Prohibition. No person shall deface any private dwelling, house, building,
store, room, barn, shed, fence, bridge, utility pole, sidewalk or curbing, by posting,
41
pasting, tacking, sticking or nailing thereon any advertising bills, posters, or any
other written or printed matter.
2. Exceptions. The prohibition on posting bills does not apply to:
a. Legal notices provided by law;
b. Posting bills with the consent of the property owner or agent;
c. Solicitors’ licensed in accordance with Title 4, Chapter 5 of the City of
Dubuque Code of Ordinances;
d. Notices posted by governmental entities; and
e. Notices posted due to emergency conditions for the protection of public
health, safety, and welfare.
C. Littering: No person shall discard any litter onto or in any water or land, except
that nothing in this subsection shall be construed to affect the authorized collection
and discarding of such litter in or on areas or receptacles provided for such purpose.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald on the 21st of September 2018.
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment - Title 14 Vacant and /or Abandoned Buildings:
City Manager recommending approval of an amendment to City Code Section 14 -4-1 to
include the definition of the International Residential Code. Motion by Larson to receive
and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Del Toro. Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordina nce No. 37-18 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4
Licensing of Vacant and/or Abandoned Buildings, Section 14 -4-1 Definitions. Seconded
by Shaw. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED
BUILDINGS, SECTION 14-4-1 DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-4-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives
shall be construed as specified in either this chapter or as specified in the Building Code
or the Property Maintenance Code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used. Unless otherwise
42
expressly stated or unless the context clearly indicates a different intent, the following
terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an in-
complete exterior shell for six (6) months or longer which meets one (1) or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code, International Build-
ing Code, International Residential Code, or International Fire Code adopted by the
City of Dubuque.
BUILDING CODE: The International Building Code promulgated by the Internation al
Code Council, as adopted in Section 14-1A-1 of this Title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the condi-
tions or defects hereinafter described; provided, that such conditions or defects exist to
the extent that the life, health, property or safety of the public or the occupants of the
building are endangered:
A. Whenever any door, aisle, passageway, stairway, or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means
of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway, or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe
and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead
and live loads, is more than one and one-half (11/2) times the working stress or
stresses allowed in the Building Code for new buildings of similar structure, purpose,
or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood
or by any other cause, to such an extent that the structural strength or stability thereof
is materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose or
location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property.
F. Whenever any portion of a building, or any member, appurtenance or ornamen-
tation on the exterior thereof is not of sufficient strength or stability, or is not so an-
chored, attached or fastened in place so as to be capable of resisting a wind pressure
of one-half (1/2) of that specified in the building code for new buildings of similar struc-
ture, purpose or location without exceeding the working stresses permitted in the build-
ing code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled, or settled to such
an extent that walls or other structural portions have materially less resistance to wi nds
or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is likely to partially or
completely collapse because of:
43
1. Dilapidation, deterioration, or decay;
2. Faulty construction;
3. The removal, movement, or instability of any portion of the ground necessary
for the purpose of supporting such building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof, is man-
ifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does
not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty three
percent (33%) or more damage or deterioration of its supporting member or members,
or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing
or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earth-
quake or flood, or has become so dilapidated or deteriorated as to beco me: 1) an at-
tractive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable
persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this city, as specified in the building
code or property maintenance code, or of any law or ordinance of this state or city
relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting part, member or
portion less than fifty percent (50%), or in any supporting part, member or portion less
than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or character-
istics; or 3) weather resisting qualities or characteristics required by law in the case of
a newly constructed building of like area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling pur-
poses, because of inadequate maintenance, dilapidation, decay, damage, faulty con-
struction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated con-
dition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construc-
tion, faulty electric wiring, gas connections or heating apparatus, or other cause, is
determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the dem-
olition or destruction of the building or structure or whenever any building or structure
is abandoned for a period in excess of six (6) months so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by Chapter 1, Article E of this title.
44
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether in a
building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health, welfare
or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary, or not provided with adequate
safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by rea-
son of inadequate maintenance, dilapidation or obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the city manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the health of
human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code,
as adopted in Chapter 1, Article J of this title.
RESIDENTIAL CODE: International residential code, as adopted by chapter 1, article
B of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or conditional uses des-
ignated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more o f the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any one or more of the
public utilities.
1. For purposes of this chapter, public utilities are defined as water, natural gas,
and electricity.
2. The minimum fee billed for properties having a water meter, stop box, or ser-
vice line but not actually using water does not constitute water consumption for pur-
poses of this chapter.
3. Storm water does not constitute a public utility for purposes of this chapter.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 17th day of September 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September,
2018.
/s/Kevin S. Firnstahl, City Clerk
45
COUNCIL MEMBER REPORTS
Referencing several issues from citizen inquiries, Council Member Shaw requested
future Council discussion of a dog breed ban ordinance in light of a recent dog-on-dog
attack. There was no support by Council. Mr. Shaw then requested Council interest in an
annual, free, large-item disposal day for which there was no support. Mr. Shaw reported
on a citizen request regarding a tracking rental housing availability matrix. City Manager
Van Milligen responded by stating that a future staff report will include recommendations
and options for all identified issues but added that the work is still in progress and exact
information is unavailable at this time.
Council Member Larson stated that cities are trending away from ordinances prohibit-
ing specific dog breeds and working on enforcing issues with the dog owners.
Council Member Jones reiterated Mr. Scott’s comments made during Public Input and
commended Fire Equipment Operator Jeff Breitbach for his charitable service to Mr.
Scott.
Council Member Del Toro clarified the public hearing process regarding the JFK Side-
walks public improvement project by reiterating that tonight was strictly setting the public
hearing for October 15, 2018, and that the information included with tonight’s agenda item
is required preliminary preparation for the hearing. Mr. Del Toro adde d that he hoped
Council would seriously consider the need for a marketing budget for promoting the Dubu-
que Regional Airport as a result of the low score it received in Greater Dubuque Devel-
opment Corporation’s Community Services Index from Action Item #1.
Council Member Resnick encouraged attendance at Dubuque Main Street’s Build-a-
Better-Block event on now through September 20, 2018 in the 1800 Block of Central
Avenue.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:57 p.m. to discuss Pending Litiga-
tion and Real Estate Transfer Negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of
Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will
consult with City Council on the issues to be discussed in the closed session are City
Attorney Brumwell, Assistant City Attorney Crenna Brumwell, and Attorney James Wain-
wright from Ahlers & Cooney Law Firm, Des Moines. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:46 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:47 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk