1 22 19 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on January 22, 2019 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 Ci ty
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Eagles Eyes on the Future Month (January 2019) was accepted by Michael Duehr
of the Fraternal Order of Eagles, 1175 Century Drive.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Ginger Smith requested Item #20 be held for
separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of 5/15/18, 6/25/18, 8/6/18,
9/24/18; City Council Proceedings of 1/7/19; Cable TV Commission of 1/9/19; Library
Board of Trustees Minutes of 10/25/18, 11/29/18; and Council Update #178 of 12/20/18;
Resilient Community Advisory Commission of 10/4/18, 11/1/18, 12/6/18 and 1/3/19;
Transit Advisory Board of 1/10/19; Zoning Advisory Commission of 1/2/19; Proof of Pub-
lication for City Council Proceedings of 12/17/18. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: SPT Real Estate, LLC / Shawn Thomas, Sr., for property
damage. Upon motion the documents were received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communi ties As-
surance Pool: SPT Real Estate, LLC / Shawn Thomas, Sr., for property damage. Upon
motion the documents were received, filed, and concur.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 23-19 Authorizing the Finance Director-City Treasurer to make certain
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payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 23-19
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Historic Route 20 Designation: City Manager recommending approval of a resolution
in support of the designation of Highway 20 in the City limits of Dubuque as Historic Route
20. Upon motion the documents were received and filed, and Resolution No. 24-19 De-
claring support of designation and intent of the placement of Historic Route 20 signage
on the state-maintained road was adopted.
RESOLUTION NO. 24-19
DECLARING SUPPORT OF DESIGNATION AND INTENT OF THE PLACEMENT OF
HISTORIC ROUTE 20 SIGNAGE ON THE STATE M AINTAINED ROAD
Whereas, U.S. Highway Route 20 was created in 1926 from Boston, MA to Yellowstone
National Park, WY and by 1943, U.S. Highway Route 20 was extended to Newport, OR
– a distance of 3,365 miles; and
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Whereas, U.S. Highway Route 20 extended 333 miles between Dubuque and Sioux
City, Iowa; and
Whereas, U.S. Highway Route 6 was decommissioned in most of California in 1964,
making U.S. Highway Route 20 the longest highway in the country, and over the years,
U.S. Highway Route 20 has conveyed commerce and pleasure travelers whose needs
were met by nearby cities and counties; and
Whereas, the State of Iowa has been working since 1952, to relocate U.S. Highway
Route 20 to a four-lane highway; and though largely supplanted by the four-lane highway
route, the original segment of U.S. Highway Route 20 remains, although most are no
longer identified as such; and
Whereas, former U.S. Highway Route 20 served as the main street of many Iowa cities
and towns along its length and, though no longer designated as fo rmer U.S. Highway
Route 20, these segments represent both state and local historic significance; and
Whereas, the Historic US Route 20 Association, Inc., is a nonprofit 501 (c)3 organiza-
tion aimed to promote tourism and economic development along the origi nal 1926 align-
ment of US Route 20, and provides historic route markers to a local agency to act as a
wayfinding tool to guide tourists and travelers on the 1926 alignment; and
Whereas, designation of a Historic Route and the permission of placement of hist oric
markers on State Public Highways must come from the Iowa Department of Transporta-
tion; and
Whereas, without formal designation, the history and contribution of these segments
of U.S. Highway Route 20 to the development of the state would remain less known; and
Whereas, recognition of these segments will foster the economic health and cultural
preservation of small communities and towns located along the highway, it is fitting that
a means to designate these historic sections of former U.S. Highway Rout e 20 be estab-
lished.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby recognizes the original 1926 segment of former
U.S. Highway Route 20 in the corporate limits as Historic Route 20 (Iowa) for its historical
significance and importance in the development of Iowa.
Section 2. The City of Dubuque Iowa commits to the permitting and placement of ten
(10) Historic Route 20 Markers within its borders, with two (2) on Iowa Department of
Transportation property paid for by the Historic Route 20 Association, Inc. and eight (8)
on City right-of-way paid for by Travel Dubuque.
Section 3. That the Iowa Department of Transportation, upon receipt of this resolution
by all interested local agencies along the original segment of U.S. Highway Route 20, is
asked to designate that section of highway as Historic Route 20 (Iowa).
Section 4. The City Clerk is directed to transmit certified copies of this resolution to the
Historic US Route 20 Association and to the Iowa Department of Transportation.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Finance Department - Cashier Position: City Manager recommending approval to
eliminate one Cashier position and create one Account Clerk I position in the Finance
Department. Upon motion the documents were received, filed and approved.
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7. Industrial Electronics Technician: City Manager recommending that the vacant
Maintenance Electrician position at the Water and Resource Recovery Center be reclas-
sified and retitled as an Industrial Electronics Technician and the Electronic Technician
position also be retitled as an Industrial Electronics Technician. Upon motion the docu-
ments were received, filed and approved.
8. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Bus Operator. Upon motion the documents were received,
filed, and made a Matter of Record.
December 21, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Bus Operator was administered on November 27, 2018. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for one (1) year from above
date.
Bus Operator
1. Linda Lentner, 2. Clayton Coleman, 3. Roberto Miranda, 4. Latisha McKnight, 5. Robert
Giers, 6. Steve Kamentz, 7. Kelley Duehr, 8. Cynthia Coleman, 9. Gary Meyer, 10. Randy
Weber, 11. Peter Herrig, 12. Michael Feltes, 13. Sean Kelley, 14. Sheri Foust, 15. Saint
Theresa Sago, 16. Nancy Schadle, 17. James Poll, 18. Gerald Cullen
Respectfully submitted,
/s/Dan White
Dan White, Chairman
Civil Service Commission
9. Resilient Community Advisory Commission Request to Declare Position Vacant :
Correspondence from the Resilient Community Advisory Commission requesting that a
position be declared vacant and a replacement appointed. Upon motion the documents
were received, filed and approved.
10. Kohl's Property Tax Appeal Stipulation of Settlement : Senior Counsel recommend-
ing approval of a Stipulation of Settlement for a property tax appeal filed by Kohl's for their
property at 2595 NW Arterial. Upon motion the documents were received, filed and ap-
proved.
11. Pre-Annexation Agreement - Mathy Construction: City Manager recommending
approval of a Pre-Annexation Agreement with Mathy Construction Company for prope rty
located at 4900 Dodge Street, which is located outside the City limits. Upon motion the
documents were received and filed, and Resolution No. 25-19 Approving a Pre-Annexa-
tion Agreement between the City of Dubuque, Iowa and Mathy Construction Company
was adopted.
RESOLUTION NO. 25-19
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MATHY CONSTRUCTION COMPANY
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Whereas, Mathy Construction Company, the owner of the following described property
in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2 East
of the in Section 4, Township 88 North, Range 2 East of the 5th P.M., in Dubuque
County, Iowa, according to the United States Government Survey and the recorded
Plat thereof, subject to easements of record; and
Whereas, Mathy Construction Company has entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Mathy Construction Com-
pany and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Pre-Annexation Agreement - Brian and Angela Link: City Manager recommending
approval of a Pre-Annexation Agreement with Brian R. and Angella M. Link, property
owners of Lot 4 in Twin Ridge Subdivision No. 4. Upon motion the documents were re-
ceived and filed, and Resolution No. 26-19 Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Brian R. and Angella M. Link was adopted.
RESOLUTION NO. 26-19
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND BRIAN R. AND ANGELLA M. LINK
Whereas, Brian R. and Angella M. Link, owners of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 4 of Twin Ridge Subdivision No. 4 in Section 12 in Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof ; and
Whereas, Brian R. and Angella M. Link have entered into a Pre-annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
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Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Brian R. and Angella M.
Link and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Community Housing Initiative (CHI) Second Amendment to Agreement: City Man-
ager recommending approval of the Seconded Amendment to the Agreement between
the City of Dubuque and Community Housing Initiatives (CHI) to reflect the increased
amount of the City’s contribution for the remaining 16 units. Upon motion the documents
were received and filed, and Resolution No. 27-19 Approving the Second Amendment to
the Agreement between the City of Dubuque, Iowa and Community Housing Initiatives
was adopted.
RESOLUTION NO. 27-19
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA, AND COMMUNITY HOUSING INITIATIVES
Whereas, the City of Dubuque, Iowa (City) and Community Housing Initiatives (CHI)
entered into an Agreement dated for reference purposes on the 1st day of July, 2016; and
Whereas, City and CHI amended the Agreement, First Amendment, on November 6th,
2017; and
Whereas, City and CHI desire to amend the Agreement as set forth in the attached
Second Amendment to the Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Second Amendment to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby approves the Second Amendment to the Agree-
ment between the City of Dubuque and Community Housing Initiatives, a copy of which
is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Second Amendment to the
Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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14. Fiscal Year 2019 Community Development Block Grant Annual Action Plan
Amendment 1: City Manager recommending approval of the Fiscal Year 2019 Amend-
ment 1 to the Community Development Block Grant (CDBG) Annual Action Plan. Upon
motion the documents were received and filed, and Resolution No. 28-19 Adopting
Amendment 1 to the Fiscal year 2019 (Program Year 2018) Community Development
Block Grant (CDBG) Annual Action Plan was adopted.
RESOLUTION NO. 28-19
ADOPTING AMENDMENT 1 TO THE FISCAL YEAR 2019 (PROGRAM YEAR 2018)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Year
2019; and
Whereas, the City now desires to amend said Annual Plan by reallocating funds be-
tween existing activities and providing funds for new activities; and
Whereas, said amendment shall allocate unspent resources in the Annual Action Plan
for Fiscal Year 2018 with resources for the Annual Action Plan for Fiscal Year 2019; and
Whereas, said amendment is a substantial amendment as provided in the City’s Citi-
zen Participation Plan and therefo re must be approved by resolution of the City after a
public hearing by the Community Development Advisory Commission; and
Whereas, the City made available for public comment said Annual Action Plan on Oc-
tober 17, 2018 at a public meeting of the Community Development Advisory Commission;
and
Whereas, the Community Development Advisory Commission reviewed said amend-
ment during a public hearing on November 28, 2018 and voted to approve said amend-
ment and recommend approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development Block Grant Fiscal Year 2018 (Program
Year 2017) is hereby rescinded and the balance of funds from this plan are incorporated
into Fiscal Year 2019 Annual Action Plan Amendment 1.
Section 2. That the Community Development Block Grant Fiscal Year 2019 (Program
Year 2018) Annual Action Plan Amendment 1, attached hereto as Exhibit A is hereby
approved.
Section 3. That the Community Development Block Grant Fiscal Year 2019 (Program
Year 2018) Annual Action Plan, as Amended, shall be included in the Five -Year Consol-
idated Plan for the use of Community Development Block Grant Funds for Fiscal Year
2016-2020.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Purina Drive Salt Storage Fabric Building Project Acceptance : City Manager rec-
ommending acceptance of the construction contract for the Purina Drive Salt Storage
Fabric Building Project as completed by A & B Construction Limited. Upon motion the
documents were received and filed, and Resolution No. 29-19 Accepting the Purina Drive
Salt Storage Fabric Building Project and authorizing the payment of the contract amount
to the contractor was adopted.
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RESOLUTION NO. 29-19
ACCEPTING THE PURINA DRIVE SALT STORAGE FABRIC BUILDING PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the public improvement contract for the Purina Drive Salt Storage Fabric
Building (the Project) has been completed by the contractor, A & B Construction Limited
(Contractor), the Public Works Director has examined the work and recommends th at the
Project be accepted; and
Whereas, the final contract amount is $394,098.00; and
Whereas, the Contractor has been previously paid $374,393.10, leaving a balance of
$19,704.90; and
Whereas, the City Council finds that the recommendation of the Public Works Director
should be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Public Works Director is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay the Contractor the balance
of the retainage of $19,704.90 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573, or Iowa Code
26.13.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Acceptance of Public Improvements in South Pointe Subdivision : City Manager
recommending acceptance of the public improvements that the developer, Dubuque
South Pointe, LLC, has recently completed in South Pointe Subdivision. Upon motion the
documents were received and filed, and Resolution No. 30-19 Accepting Public Improve-
ments in the South Pointe Subdivision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 30-19
ACCEPTING PUBLIC IMPROVEMENTS IN SOUTH POINTE SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 211-17, certain public improvements including street
paving with curb, storm sewer and catch basins, storm water detention facilities, sanitary
sewer main, water main, fiber optic conduit, and street lighting were installed by the de-
veloper of South Pointe Subdivision in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in South Pointe Subdivision be and the same is hereby accepted.
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Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Dubuque South Pointe, LLC, for a period of two (2) years from
the date of this resolution.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of 2017 Windsor Avenue Sanitary Sewer Manhole Project: City Man-
ager recommending acceptance of the public improvement construction contract for the
2017 Windsor Avenue Sanitary Sewer Manhole Project as completed by Drew Cook &
Sons Excavating. Upon motion the documents were received and filed, and Resolution
No. 31-19 Accepting the 2017 Windsor Avenue Sanitary Sewer Manhole Project was
adopted.
RESOLUTION NO. 31-19
ACCEPTING THE 2017 WINDSOR AVENUE SANITARY SEWER MANHOLE PRO-
JECT
Whereas, the public improvement contract for the 2017 Windsor Avenue Sanitary
Sewer Manhole Project, (the Project) has been completed by the Contractor, Drew Cook
& Sons Excavating (Contractor), the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $18,390.38; and
Whereas, the Contractor has previously been paid $17,470.86, leaving a balance of
$919.52; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $919.52 as provided in Iowa Code chapter 573, and to pay such re-
tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2017 WINDSOR AV-
ENUE SANITARY SEWER MANHOLE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2017 Windsor Avenue Sanitary Sewer Manhole Project, and that said
Project has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $21,148.94.
Dated this 15th day of January 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
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18. Upper Bee Branch Creek Railroad Culverts Project - Revised Notice to Bidders
and Bid Letting Date: City Manager recommending approval of a resolution changing the
deadline for submission of bids for the Upper Bee Branch Creek Railroad Culverts Project
to 2:00 p.m. on February 5, 2019. Upon motion the documents were received and filed,
and Resolution No. 32-19 Ratifying, confirming, and approving the change in deadline for
submission of bids and publication of an Amended Notice to Bidders for the Upper Bee
Branch Creek Railroad Culverts Project was adopted.
RESOLUTION NO. 32-19
RATIFYING, CONFIRMING, AND APPROVING THE CHANGE IN DEADLINE FOR
SUBMISSION OF BIDS AND PUBLICATION OF AN AMENDED NOTICE TO BIDDERS
FOR THE UPPER BEE BRANCH CREEK RAILROAD CULVERTS PROJECT
Whereas, on December 17, 2018, the City Council adopted Resolution No. 379 -18
providing for preliminary approval of the plans, specifications, form of contract, and esti-
mated cost for the Upper Bee Branch Creek Railroad Culverts Project (the Project); and
Whereas, the Notice to Bidders was posted on December 21, 2018, in the Telegraph
Herald, in a relevant contractor plan room service with statewide circulation and a relevant
construction lead generating service with statewide circulation and on an internet site
sponsored by either the City or a statewide association that represents the City; and
Whereas, the Project Engineer recommended to City staff that additional time be pro-
vided for potential bidders to prepare their bids due to the complexity of the Project; and
Whereas, an amended Notice to Bidders for the Project indicating the new deadline for
submission of bids of February 5, 2019, was posted on January 18, 2019 in the Telegraph
Herald, once in a relevant contractor plan room service with statewide circulation and a
relevant construction lead generating service with statewide circulation and on an internet
site sponsored by either the City or a statewide association that represents the City.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of DUBU-
QUE, IOWA:
Section 1. That the change in the deadline for submission of bids is hereby ratif ied,
confirmed, and approved.
Section 2. That the actions of the City Clerk in changing the time and date for the
receipt of bids to before 2:00 p.m. on February 5, 2019, is hereby ratified, confirmed, and
approved.
Section 3. That the actions of the City Clerk in posting the amended Notice to Bidders
once in a relevant contractor plan room service with statewide circulation and a relevant
construction lead generating service with statewide circulation and on an internet site
sponsored by either the City or a statewide association that represents the City not less
than thirteen clear days nor more than forty-five days prior to February 5, 2019, which is
hereby fixed as the date for receiving bids, is hereby ratified, confirmed, and approved.
The bids are to be filed prior to 2:00 p.m., on such date.
Section 4. That the form of the amended Notice to Bidders and posting thereof is
hereby ratified, confirmed, and approved.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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19. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Budget and Fee
Schedule: Correspondence from the Dubuque Metropolitan Solid Waste Agency inform-
ing the City of the Agency's Fiscal Year 2020 Budget and Fee Schedule. Upon motion
the documents were received and filed.
20. Citizen Petition for Residential Parking District for Norland Drive : Citizen Petition
submitted by Tony Fassbinder on behalf the Norland Drive neighborhood supporting a
Residential Parking District from 7:00 a.m. to 3:00 p.m. Monday through Friday. Motion
by Resnick to receive and file the documents and refer to the City Manager. Seconded
by Jones. Ginger Smith requested that the City Council temporarily suspend or allow one -
side parking within Residential Parking Permit District H until the Hempstead Pool con-
struction project that is displacing the student parking is complete. She stated that amend-
ing the District is only pushing the student parking and congestion to streets further east
of the school. Motion carried 7-0.
21. Signed Contract(s): Revocable License with Bries Holding, LLC for an ADA access
ramp at 1046 Central Avenue. Upon motion the documents were received and filed.
22. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 33-19 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
RESOLUTION NO. 33-19
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
AMC Theatres Dubuque
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2835 NW Arterial Class C Liquor (Sunday)
Baymont Inn & Suites 4025 McDonald Dr. Class B Liquor (Outdoor) (Sun-
day)
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Casey's General Store
#3473
1072 Cedar Cross Rd. Class E Liquor, Class B Wine,
Class B Native Wine, Class C
Beer (Sunday)
El Paisano Grocery Store 1543 Central Ave. Class C Beer (Sunday)
Fuji Asian Buffet 806 Wacker Dr. Special Class C Liquor (Sunday)
Hy-Vee Clubroom 400 S. Locust St. Special Class C Liquor (Sunday)
Mario's Italian Restaurant
and Lounge
1298 Main St. Class C Liquor
RMN Lounge, LLC 481 Locust St. Class C Liquor (Outdoor) (Sun-
day)
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Del Toro to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 7-0.
1. Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agree-
ment: Senior Counsel recommending that the City Council set a public hearing on Feb-
ruary 4, 2019 to consider the intent to dispose of an interest in City-owned real estate by
Fifth Amendment to Lease Agreement between the City of Dubuque, Iowa and Dubuque
County Historical Society (DCHS). Upon motion the documents were received and filed,
and Resolution No. 34-19 Intent to dispose of an interest in real property by Fifth Amend-
ment to Lease between the City of Dubuque, Iowa and Dubuque County Historical Society
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on February
4, 2019 in the Historic Federal Building.
RESOLUTION NO. 34-19
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FIFTH AMEND-
MENT TO LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE
COUNTY HISTORICAL SOCIETY
Whereas, the City of Dubuque, Iowa (City) and Dubuque County Historical Society
(DCHS) entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property
(Demised Premises) described in Exhibit A attached thereto; and
Whereas, City and DCHS amended the Lease by the First, Second, Third, and Fourth
Amendments to the Lease Agreement; and
Whereas, City and DCHS desire to further amend the Lease as set forth in the attached
Fifth Amendment; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Fifth Amendment to the Lease with DCHS.
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 real property
described in the Fifth Amendment to Lease between City and DCHS.
13
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 the real property described in the Fifth Amendment to Lease,
to be held on the 4th day of February 2019, at 6:00 o'clock p.m. at the Historic Federal
Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Public Hearing for Fiscal Year 2020 Community Development Block Grant Annual
Action Plan: City Manager recommending that the Fiscal Year 2020 Community Devel-
opment Block Grant Annual Action Plan be set for public hearing on February 13, 2019.
Upon motion the documents were received and filed, and Resolution No. 35-19 Setting a
public hearing on the Fiscal Year 2020 (Program year 2019) Community Development
Block Grant (CDBG) Annual Action Plan budget was adopted setting a public hearing for
a meeting to commence at 6:00 p.m. on February 13, 2019 in the Historic Federal Build-
ing.
RESOLUTION NO. 35-19
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2020 (PROGRAM YEAR 2019)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
BUDGET
Whereas, the City of Dubuque has prepared a proposed Annual Action Plan for the
use of Community Development Block Grant funds for inclusion in the City Budget; and
Whereas, the City desires to hold a public hearing to receive comment on the proposed
Fiscal Year 2020 (Program Year 2019) Community Development Block Grant Annual Ac-
tion Plan addressing both housing and non-housing needs in the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on February 13,
2019 for the purpose of holding a public hearing and taking action to include the Fiscal
Year 2020 (Program Year 2019) Community Development Block Grant Annual Action
Plan in the City Budget.
Section 2. That the City Clerk is hereby authorized and directed to publish a notice of
such public hearing and the City Council’s intent to review and take action on the Fiscal
Year 2020 (Program Year 2019) Community Development Block Grant Annual Plan.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to
Kleine Street): City Manager recommending initiation of the public bidding procedure for
the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to
Kleine Street), adoption of resolutions preliminarily approving the proposed plans, speci-
fications, form of contract, and estimated cost, and further recommends that a public
hearing be set for February 18, 2019. Upon motion the documents were received and
14
filed, and Resolution No. 36-19 Preliminary approval of plans, specifications, form of con-
tract and estimated cost; setting date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids was adopted setting
a public hearing for a meeting to commence at 6:00 p.m. on February 1 8, 2019 in the
Historic Federal Building.
RESOLUTION NO. 36-19
22ND STREET/KAUFMANN AVENUE STORM SEWER IMPROVEMENTS PROJECT
(WHITE STREET TO KLEINE STREET)
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 estima ted cost for the 22nd
Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine
Street) in the estimated amount of $7,529,802.00 are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 18th day of February, 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the 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
appear and file objections to the proposed plans, specifications, form of contract, or esti-
mated cost of the Project.
22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to
Kleine Street) is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 22nd day of February, 2019. Bids shall be opened and read
by the City Clerk at said time and will be submitted to the City Council for final action at
6:00 p.m. on the 4th day of March 2019, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
15
Review of applications to the following boards/commissions. Applicants were invited to
address the City Council regarding their application for appointment.
1. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2022 (Expiring terms of Boles and Hinke): Applicants: Dean Boles, 1715 Geraldine
Dr.; Hinke, Michelle, 973 Patricia Ann Dr.
2. Investment Oversight Committee: One, 3-Year term through July 1, 2021 (Vacant
term of Ferraro). Applicant: Luke Schiltz, 2955 Van Buren St. Mr. Schiltz spoke in support
of his appointment and provided a brief biography.
3. Mediacom Charitable Foundation: One, 1-Year term through December 31, 2019
(Expired term of Twining). Applicant: Constance Twining, 1818 Avalon Rd.
4. Resilient Community Advisory Commission: Commission requesting Carrie
Lohmann be appointed to the vacant term of Drahozal which has a cross -representation
requirement thus allowing her current At-Large term to be filled. One, 3-Year term through
August 30, 2019 (Vacant Cross representation term of Drahozal)
Applicants: Carrie, Lohmann, 1879 Denver Dr. (Currently on the Transit Advisory
Board, Qualifies for Cross Representation); One, 3-Year term through July 1, 2019 (Va-
cant At-Large term of Lohmann), One, 3-Year term through July 1, 2021 (Vacant At-Large
term of Darr). Applicants: Jacob Kahlhaas, 1125 Richards Rd.; and Adam Hoffman, 1910
Marion St. Mr. Hoffman spoke in support of his appointment and provided a brief biog-
raphy.
PUBLIC HEARINGS
1. Approving a Development Agreement by and among the City of Dubuque, Dupaco
Voices, LLC, and Dupaco Community Credit Union to Redevelop Property at 1000 Jack-
son Street: Proof of publication on notice of public hearing to consider approval of a pro-
posed Development Agreement between and among Dupaco Voices, LLC, Dupaco Com-
munity Credit Union and the City of Dubuque providing for the issuance of Urban Renewal
Tax Increment Revenue Grant Obligations for development of property at 1000 Jackson
Street, and the City Manager recommending approval. Motion by Jones to receive and
file the documents and adopt Resolution No. 37-18 Approving a Development Agreement
by and among the City of Dubuque, Iowa, Dupaco Voices, LLC, and Dupaco Community
Credit Union, including providing for the issuance of Urban Renewal Tax Increment Rev-
enue Obligations, for the redevelopment of 1000 Jackson Street . Seconded by Resnick.
Dupaco President and CEO Joe Hearn, 3999 Pennsylvania Avenue, spoke in support of
the request, described the project, thanked staff and recognized Dupaco’s volunteer
Board Members for their work on the project. Architect Jeff Morton, 206 Bluff Street, dis-
played several conceptual illustration boards and described some details of the project.
Mr. Morton responded to questions from the City Council regarding possible preservation
of the existing mural and internal artwork. Dubuque Main Street President/CEO Dan
LoBianco, 1069 Main Street; Ryan Peters of RDG, 900 Jackson Street; Duane Haggerty,
Heritage Works, 210 W. 1st Street; City Transit Advisory Board Member Robert Daugh-
ters; Fountain of Youth Director Caprice Jones, 1497 Central Avenue; Four Mounds
Foundation Operations/Marketing Manager Jill Courtney, 4900 Peru Road; and Opening
16
Doors Executive Director Carol Gebhart, 2100 Asbury Road, all spoke in support of the
recommendation.
City Council discussion included concerns over parking impacts and what need there
is for Smart Meters, questions regarding office vs. commercial space within the building,
potential for negative funding impact on the North End Neighborhood development, pos-
itive benefit to area not-for-profit agencies, shifts in transportation needs and options al-
leviating parking, and the trust in Dupaco as a community partner. City Manager Van
Milligen addressed the magnitude of Dupaco’s investment and questions and concerns
regarding the terms of the agreement and what city actions could be a violation of the
agreement. Greater Dubuque Development Corporation President and CEO, Rick Dick-
inson addressed the City Council about the benefits over time to the North End Neighbor-
hood and Central Avenue Corridor resulting from the True North Program. Motion carried
5-2 with Rios and Shaw voting nay.
RESOLUTION NO. 37-19
APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF
DUBUQUE, IOWA, DUPACO VOICES, LLC, AND DUPACO COMMUNITY CREDIT UN-
ION, INCLUDING PROVIDING FOR THE ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS, FOR THE REDEVELOPMENT OF 1000 JACK-
SON STREET
Whereas, the City Council, by Resolution No. 16-19, dated January 7, 2019, declared
its intent to enter into a Development Agreement with Dupaco Voices, LLC, and Dupaco
Community Credit Union for the redevelopment of 1000 Jackson Street in the City of
Dubuque, Iowa (the Property), including providing for the issuance of Urban Renewal Tax
Increment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on January 22, 2019 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for redevelopment of the Property by Dupaco Voices, LLC, and Dupaco Com-
munity Credit Union according to the terms and conditions set out in the Development
Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and among the City of Dubuque,
Dupaco Voices, LLC, and Dupaco Community Credit Union, a copy of which is attached
hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17
2. Request to Rezone 690 W. Locust Street: Proof of publication on notice of public
hearing to consider a request from Kava Real Estate, LLC to rezone property at 690 W.
Locust St. from C-1 Neighborhood Commercial District to C-3 General Commercial Dis-
trict, and the Zoning Advisory Commission recommending approval with the condition that
a bar/tavern be struck from the list of permitted uses. Motion by Jones to receive and file
the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Resnick. Planning Services Manager Laura Car-
stens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 7-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at 690 W. Locust Street from C -1
Neighborhood Commercial District to C-3 General Commercial District with conditions, as
established in the attached Memorandum of Agreement. Seconded by Resnick. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 690 W. LOCUST STREET FROM C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDI-
TIONS, AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT
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
C-1 Neighborhood Commercial District to C-3 General Commercial District with condi-
tions, to wit:
Lots 1-3, 1-2 and 1-1 of Connolly’s Subdivision and Lot 1 of City Lot 711, 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 22nd day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25 th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Request to Amend Planned Unit Development (PUD) for Warren Plaza : Proof of
publication on notice of public hearing to consider approval of a request from Josh Kuhn
to amend the Warren Plaza Planned Unit Development (PUD) at 3500 Dodge Street to
permit 3 freestanding directory signs, with the Zoning Advisory Commission recommend-
ing approval of two, 30-square-foot signs; and one, 65-square-foot sign. 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
18
which it is to be passed be suspended. Seconded by Del Toro. Assistant Planner Wally
Wernimont provided a staff report and responded to questions from the City Council re-
garding updating this area to be consistent and current with other PUDs. Motion carried
7-0.
Motion by Larson for final consideration and passage of Ordinance No. 8-19 Amending
Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 21-17 which provides regulations for the Warren Place PUD
Planned Unit Development District with a Planned Commercial Designation at 3500
Dodge Street and now being amended to allow for the installation of three directional
signs. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-19
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 21-17 WHICH PRO-
VIDES REGULATIONS FOR THE WARREN PLACE PUD PLANNED UNIT DEVELOP-
MENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AT 3500 DODGE
STREET AND NOW BEING AMENDED TO ALLOW FOR THE INSTALLATION OF
THREE DIRECTIONAL SIGNS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 21 -17, which provides regu-
lations for the Planned Unit Development District with a Planned Commercial District des-
ignation for Warren Plaza, and being amended to allow for the installation of three direc-
tional signs as shown in Exhibit A as stated below, to wit:
Lot 2 of 2 of 1 and Lot 1 of 1 of 1 of 2 of 1 and Lot 2 of 1 of 1 of 2 of 1 and Lot 2 of
1 of 2 of 1 of Hawkeye Stock Farm, Section 28, Township 89N, Range 2 East of the
5th Principal Meridian, in the City of Dubuque, Iowa.
Section 2. Attached hereto and made a part of this zoning reclassification approval is
the Conceptual Development Plan for Warren Plaza Planned Unit Development. It is rec-
ognized that minor shifts or modifications to the general plan layout may be necessary
and compatible with the need to acquire workable street patterns, grades, and usable
building sites. The general plan layout, including the relationship of land uses to the gen-
eral plan framework and the development requirements sha ll be used as the implemen-
tation guide.
A. Use Regulations The following regulations shall apply to all uses made of land in
the above-described PC Planned Commercial District:
1. The principal permitted uses shall be limited to:
a. Local shopping center.
2. Accessory Uses: the following uses are permitted s accessory uses as provided
in Section 3-7 Accessory Uses of the Unified Development Code.
a. Any use customarily incidental and subordinate to the principal use it serves.
b. Wind turbine (building-mounted)
3. Temporary Uses: The following uses shall be permitted as temporary uses in the
PUD District in conformance with the provisions of Section 3-19 Temporary uses of the
Unified Development Code:
a. Any use listed as a permitted use within the district.
19
B. Lot and Bulk Regulation: Development of the land in this particular PC Planned
Commercial District shall be regulated as follows.
1. All structures shall be a minimum of 20 feet from the front property lines adjoining
Dodge Street and Wacker Drive.
2. No building or structure can exceed 30 feet in height on the site.
3. Adequate through space behind the buildings be provide for fire vehicles.
C. Parking Requirements
1. The off-street parking requirements for the principal permitted uses allowed in the
herein described PC Planned Commercial District shall be a minimum of one (1) space
for each 200 square feet of gross floor area accessible to the general public as shown
on the conceptual development plan.
2. All vehicle-related features shall be surfaced with standard or permeable asphalt,
concrete, or pavers.
3. All parking and loading spaces shall be delineated on the surfacing material by
painted strips or other permanent means.
4. The number, size, and design of parking spaces and parking lots, including bicy-
cle parking and shared parking, shall be governed by applicable provisions in Section
13 Site Design Standards and 14 Parking of the City of Dubuque Unified Development
Code.
5. The number, size, design and location of parking spaces designated for persons
with disabilities shall be according to the local, state, or federal requirements in effect
at the time of development.
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 bound-
aries of the lots.
D. Site Plan Provisions Site development standards for this PC Planned Commercial
District shall be as follows:
1. Final site development plans shall be submitted in accordance with Sections 12
and 13 of the Zoning Ordinance of the City of Dubuque, Iowa and shall be reviewed
with due regard to the previous final development plan dated May 25, 1979, stamped
July 5, 1979, which includes the site plan, paving plan, utility plan, landscape plan, final
plat and reciprocal easement and maintenance agreement.
2. Landscaping and screening requirements shall be regulated by the Landscape
Plan for Warren Plaza, approved by the Planning and Zoning Commission on June 27,
1080.
3. All utility transmission lines, including telephone and cable television, shall be
installed underground.
E. Signs. Signs for this PC Planned Commercial District shall be regulated by the Sec-
tion 15 Signs of the Unified Development Code unless specifically addressed as follows:
1. Large tenants occupying over 7,000 square feet shall be permitted up to 550
square feet of wall-mounted signage. The exact location of the allowable signage shall
vary with each large tenant.
2. Shop tenants occupying 7,000 square feet or less shall be permitted a maximum
wall-mounted sign area of two feet high multiplied by 75 percent of the lease hold width.
In no event shall a shop tenant be permitted a sign area in excess of 100 square feet.
The location of the maximum sign area for shop tenants shall be centered vertically
and horizontally on the wood fascia in front of the suite.
20
3. Maximum of one freestanding center identification sign is allowed per premises
with a maximum height of 44 feet and sign area of 660 square feet.
4. Maximum of one freestanding tenant sign is allowed per premises with a maxi-
mum height of six-foot and sign area of 30 square feet.
5. Maximum of one freestanding directory sign of 65 square feet and no more than
10 feet in height.
6. Maximum of two freestanding directory signs of 30 square feet in area and no
more 10 feet in height.
7. The location of all freestanding signs is subject to review and approval by the
Engineering Department for compliance with applicable i ntersection site visibility
standards.
8. No exposed raceway, crossovers, conduits, conductors, transformers, etc., shall
be permitted. All signs and their installation must comply with all local building and
electrical codes. No more than two rows are permitted for shop tenants.
9. Directional signs shall be permitted according to the standard C-3 local zoning
regulations.
F. Site Lighting: New outdoor light fixtures shall comply with Section 13 -3.1 Site Design
Standards of the Unified Development Code.
G. Exterior Trash Collection Areas: Exterior trash collection areas shall comply with
Section 13-4.9 Site Design Standards of the Unified Development Code.
H. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land
Subdivision of the Unified Development Code.
I. Storm Water Conveyance: The developer shall be responsible for providing surface
or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to
flow line of open drainage ways outside the lot in a mea ns that is satisfactory to the City
Engineer. Other applicable regulations enforced by the City Engineer relative to storm
water management and drainage shall apply to properties in the PUD District.
J. Noises: Noises generated within the PUD District shall be regulated by Chapter 33,
Article IV, Noises, of the City of Dubuque Code of Ordinances.
K. Other Codes and Regulations: These regulations do not relieve an owner, devel-
oper, or tenant from other applicable city, county, state or federal codes, regulations, laws
and other controls relative to the planning, construction, operation and management of
property in the PUD District.
L. Transfer of Ownership: Transfer of ownership or lease of property in the Warren
Plaza District PUD shall include in the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing the establish-
ment of the District PUD.
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 effect upon publication, as provided
by law.
Passed, approved and adopted this 22nd day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
21
Jerry Maro, 10366 Timothy St., Asbury, address the Source of Income Report and
proposed ordinance upcoming on the Action Agenda. Mr. Maro was glad that the report
had no discussion of the percentage of landlords participating in the Housing Choice
Voucher Program believing that the calculations were inaccurate. He took exception to
the issue of limited advertising of units and describe the accessibility to rental information
as well as the changes being made with the Landlords’ Association. He concluded by
stating that on behalf of the Association, he objected to any measure that would force
landlords to take housing choice vouchers.
Lynn Sutton, 859 Air Hill, relayed a personal experience with helping a resident find
housing and the issues they encountered. She added that while she is against any pro-
gram mandates, residents cannot be denied housing.
Jessica Perry, 1560 Iowa Street., stated she felt it is difficult to find housing accepting
vouchers, that some landlords can be derogatory toward perspective renters and that
there is a limited window for finding an apartment that accepts vouchers before it goes off
the market.
Derek Clark, 1086 Wood Street, Dubuque Renters’ Union, referenced the criminal
background check detail as being vague, and believed the treatment of tenants using
vouchers and the quality of their housing should be known .
Kaylee Kerper, 1560 Iowa Street., Dubuque Renters’ Union, thanked the Council/Man-
ager for submitting the letter to area Legislators and added that the request for data col-
lection in the recommendation is not asking much.
ACTION ITEMS
1. Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting
Quorum (Final Reading): Zoning Advisory Commission recommending approval of
amending ordinance the Unified Development Code (Zoning Ordinance) sections 16 -9-1
(J)(5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3 to modify voting requirements for the Zon-
ing Advisory Commission. Motion by Jones for final consideration and passage of Ordi-
nance No. 2-19 Amending Title 16 Unified Development Code of The City Code of Ordi-
nances, by Amending Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B) And
Section 16-9-6-3 to Remove the Requirement for a Minimum of Four Affirmative Votes by
the Zoning Advisory Commission for a Recommendation of Approval for Rezonings and
Text Amendments. Seconded by Resnick. Council Members Del Toro and Rios reiterated
their opposition to the amendment believing that the current process doesn’t present
enough of a barrier to warrant the amendment. Motion carried 4 -3 with Del Toro, Rios
and Shaw voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-19
AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE OF THE CITY CODE OF OR-
DINANCES, BY AMENDING SECTION 16-9-1(J)(5), SECTION 16-9-5-2(B), SECTION
16-9-6-2(B) AND SECTION 16-9-6-3 TO REMOVE THE REQUIREMENT FOR A MINI-
MUM OF FOUR AFFIRMATIVE VOTES BY THE ZONING ADVISORY COMMISSION
FOR A RECOMMENDATION OF APPROVAL FOR REZONINGS AND TEXT AMEND-
MENTS
22
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance Title 16 Unified Development Code, is h ereby amended in
Section 16-9-1 (J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B) and Section 16-9-6-3 as
follows:
Section 16-9-1 (J) Meetings:
(5) Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting
is necessary for the adoption of any motion or resolution.
Section 16-9-5-2 Zoning Advisory Commission Action:
(B) The recommendation of the Commission shall forthwith be transmitted to the
council for its action.
Section 16-9-5-2 Application Requirements
Any person may propose amendments to the provisions of this title by delivering
a copy of the proposed amendment to the planning services department. The appli-
cant may submit a written request to withdraw the text amendment application at
any time prior to final action by the city council.
Section 16-9-6-3 Zoning Advisory Commission Action:
A. The zoning advisory commission shall consider a text amendment request at
a public hearing. Following the public hearing, the zoning advisory commission shall
act to recommend approval or denial of the request, or table the request.
B. The commission's recommendations shall be forthwith transmitted to the coun-
cil for its action.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory 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 22nd day of January 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25 th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Source of Income Annual Report, Recommendations and Proposed Code of Ordi-
nances Amendment - Title 14 Housing Choice Voucher Program: City Manager transmit-
ting the 2018 Source of Income Annual Report and recommending that the City Council
approval of an ordinance requiring property owners or managers to report which rental
units accept Housing Choice Vouchers during the annual ren tal license process, gener-
ates a list of participating landlords, and collects data that will allow for further analysis of
the housing needs in the City of Dubuque. Motion by Larson to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Resnick. City Manager Van Milligen, City Attorney Brumwell
and Housing and Community Development Director Alexis Steger responded to questions
from the City Council regarding the impact on the 2020 licensing cycle, central data col-
lection software and measuring matrix, HUD vs. City requirements, and landlord training
on applicant screenings. Motion carried 7-0.
23
Motion by Larson for final consideration and passage of Ordinance No. 9-19 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build-
ing Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses. Se-
conded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE-
NANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-1J-3: RENTAL LICENSES:
. . . .
B. Application Requirements: Completion of a rental license application must be made
by the property owner, manager, or licensed real estate professional and must include,
but not be limited to, the following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which Housing Choice Vouchers are ac-
cepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business ho urs.
c. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner must
provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
c. Property manager's telephone number during normal business hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional has the same
authority and responsibility as the property owner for maintaining the rental
unit(s).
6. The property owner, manager, or licensed real estate professional must desig-
nate a responsible agent to represent the property owner, manager, or licensed real
estate professional whenever the property owner, manager, or licensed real estate
professional is not available for maintenance of the dwelling for which a license is
sought. The agent must have the same authority and responsibility as the property
owner for maintaining the rental unit(s).
. . . .
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue and
renew a rental license in the name of the applicant property owner, manager, or licensed
real estate professional, provided the following criteria are met:
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1. Property Maintenance Code Warranty: The rental unit is warranted by the prop-
erty owner, manager, or licensed real estate professional to substantially comply
with the Property Maintenance Code.
2. Fees: All fees required pursuant to the issuance of a rental license are paid in full
to the City.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful Rental Property
Management Class (the program) or a program of continuing education approved
by the City Manager.
b. Until such time as the property owner or manager has completed the program
or an equivalent program of continuing education approved by the City Manager,
only a temporary rental license may be issued.
c. A property owner or manager who has completed the program since 2000,
according to the City's records, or who can provide other proof of completion, will
be exempted from this requirement.
d. Licensed real estate professionals are exempted from the program attendance
requirement.
e. The City Manager may waive the program requirement upon the submission
of a written request by a property owner, manager, or licensed real estate pro-
fessional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded
Code violations within the previous twelve (12) months; and
(3) A waiver will not provide the property owner with an unfair advantage in a
competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees to
conduct criminal background checks for all prospective tenants whose tenancy
commences on or after July 1, 2011. A background check may be performed
using the City's free background check service or by another background check
service approved by the City Manager. The background checks must be com-
pleted before the prospective tenant's tenancy begins.
b. The City Manager may waive the criminal background check requirement upon
the submission of a written request by a property owner, manager, or licensed
real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded
Code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional shall make
a rental property available for inspection by the City of Dubuque and shall comply
with the Iowa Code requirements for tenant notification.
b. The City Manager shall develop a written Rental Housing Tiered Inspection
Program which shall govern the cycle, frequency, recordkeeping, and conditions
of rental inspections.
6. Housing Choice Voucher Information: the property owner, manager, or licensed
real estate professional must provide information at the annual renewal of the rental
25
license for each structure, on the number of units, by structure, owned or managed
by the property owner, manager, or licensed real estate professional which accept
Housing Choice Vouchers.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 22nd day of January, 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25 th day of January 2019.
/s/Kevin S. Firnstahl, City Clerk
3. Childcare Pilot Project Funding: City Manager recommending approval to provide
the initial funding for the Childcare Pilot Project that provides free childcare to Opportunity
Dubuque students and graduates. Motion by Jones to receive and file the documents and
adopt Resolution No. 38-19 Approving funding for the Opportunity Dubuque Childcare
Pilot Program. Seconded by Resnick. Responding to questions the from the City Council,
Greater Dubuque Development Corporation President/CEO Rick Dickinson provided
some background and details about the program in terms of committee discussions, re-
ceiving support and measuring needs from local business CEO’s and human resources
personnel, concerns with and regulation of pop-up childcare centers, current and future
providers.
Council Member Rios stated that he would be abstaining from the vote for a conflict of
interest as he owns a childcare business, but wanted to address the Council as a citizen
and business owner. Then, speaking from the dais, Mr. Rios believed that the pilot pro-
gram has promise, but expressed his concerns about the childcare pop-up centers pos-
sibly skirting regulation regarding serving of meals. restrooms ratios, and affecting the
equitable treatment of all childcare businesses. Mr. Rios feels that there is already quality,
affordable childcare available in town and suggested that downtown businesses be ap-
proach regarding a second-shift childcare option. Motion carried 6-0 with Rios abstaining.
RESOLUTION NO. 38-19
AP PROVING FUNDING FOR THE OPPORTUNITY DUBUQUE CHILDCARE PILOT
PROGRAM
Whereas, several local partners including the Greater Dubuque Development Corpo-
ration (the Partners) have identified the need to address childcare issues in Dubuque;
and
Whereas, childcare is a key economic development issue; and
Whereas, the Greater Dubuque Development Corporation has developed a proposed
pilot program (the Program) intended for use by Opportunity Dubuque students and grad-
uates; and
Whereas, the Greater Dubuque Development Corporation has identified the need for
funding, as described in the attached Program summary; and
Whereas, the Greater Dubuque Development Corporation has requested the City of
Dubuque to commit $80,000 to the Program; and
Whereas, the City Council of the City of Dubuque believes this contribution is in the
best interest of the residents of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
26
That the City Council of the City of Dubuque approves a $80,000 contribution t o the
Opportunity Dubuque Childcare Pilot Program.
Passed, approved, and adopted this 22nd day of January 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Letter to Federal Legislators-Partial Federal Shutdown effect on Housing Choice
Vouchers and Additional Information on What the Government shutdown means for
Dubuque: City Manager providing a letter to Federal Legislators regarding the partial Fed-
eral shutdown effect on Housing Choice Vouchers and additional information on what the
Government shutdown means for Dubuque. Motion by Jones to receive and file. Se-
conded by Resnick. Motion carried 7-0.
5. Recommendations to Improve the Customer Experience Based Upon the Smart
Meter Pilot: City Manager recommending that the City move forward with creating a com-
prehensive plan for the implementation of a Smart Parking Services Platform . Motion by
Jones to receive and file the documents and approve the recommendation. Seconded by
Resnick. Council Member Shaw spoke in opposition to the pilot reco mmending that the
capital and maintenance investment be retained and that the use of parking meters be
abandoned. Buol, Resnick and Jones spoke to the benefits of the pilot citing the automa-
tion as convenient and that the parking data collection would be valuable. Motion carried
6-1 with Shaw voting nay.
6. SW Arterial Construction Update Video: Cable TV Division will show a video of the
recent progress of the Southwest Arterial Projec t. Motion by Resnick to receive and file
the information. Seconded by Larson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Del Toro thanked the citizens who attended the meeting despite the
inclement weather. Out of concern for the safety of staff and citizens, Mr. Del Toro sug-
gested that the City Council consider developing a policy for delaying, postponing or can-
celing City Council meetings in the event of inclement weather.
There being no further business, upon motion the City Council adjourned at 9:35 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk