3 15 10 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Deacon Dave McGhee of Nativity Church
PROCLAMATIONS
Dubuque Visiting Nurse Association Centennial Week (March 28–April 3, 2010) was
accepted by Nan Colin, VNA; Arts Education Month (March 2010) was accepted by Greg
Orwoll, Colts Drum and Bugle Corps; Cheryl Werner, Dubuque Community School District; and
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Wendy and Rusty Kephart of Kephart’s Music Store; and the 200 Anniversary of Julien
Dubuque’s Death (March 24, 2010).
PRESENTATION
American Eagle Airlines 2009 Station of the Year Award was accepted by Bob Steinhauser
and Christy Wolf of American Eagle Airlines.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 2/2; City
Conference Board of 2/1; City Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship
Advisory Commission of 3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjustment
of 2/25
Proofs of publication of City Council Proceedings of February 15, 16, and 24, 2010
Library Board of Trustees Update from the meeting of February 25, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Rebecca Kruse for vehicle damage; Antoine Clemons vs. Brian
Wullweber and the City of Dubuque; Sheena Gillen for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sheena Gillen for
vehicle damage; Everett Corley for vehicle damage; Rebecca Kruse for vehicle damage. Upon
motion the documents were received, filed and concurred.
2008 Catch Basin Replacement Project: City Manager recommending acceptance of the
2008 Catch Basin Replacement Project as completed by McDermott Excavating, Inc., in the
final contract amount of $92,994.00. Upon motion the documents were received and filed and
Resolution No. 77-10 Accepting the 2008 Catch Basin Replacement Project and authorizing
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 77-10
ACCEPTING THE 2008 CATCH BASIN REPLACEMENT PROJECT AND AUTHORIZING
THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2008 Catch Basin Replacement Project
(the Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Catch
Basin Maintenance, Catch Basin/Westside Storage, and Curb/Catch Basin Replacement
appropriations for the contract amount of $92,994.00 less any retained percentage provided for
therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance
with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 CATCH BASIN
REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2008 Catch Basin Replacement Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $95,451.55.
Dated this 10th day of March, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 10 day of March, 2010.
Jeanne F. Schneider, CMC, City Clerk
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that on or about March 4, 2010 the Channels E!, HLN and Tru TV will be
added to the high definition line-up. Upon motion the document was received and filed.
Insurance Institute for Highway Safety: Special report from the Insurance Institute for
Highway Safety on phoning while driving. Upon motion the document was received and filed.
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National League of Cities: Article from Nation’s Cities Weekly entitled “Cities Taking Action
Against Distracted Driving.” Upon motion the document was received and filed.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors requesting a meeting with City representatives and the County Board of Health to
discuss the potential of a partnership with the City of Dubuque for future health service needs.
Upon motion the document was received, filed and referred to the City Manager.
Purchase of Property – 2315 Jackson Street: City Manager recommending approval of the
acceptance of a Sheriff’s Deed for a two-story dwelling located at 2315 Jackson Street. Upon
motion the documents were received and filed and Resolution No. 78-10 Approving the
acceptance of a Sheriff’s Deed for the east one-half of Lot 24A in L.H. Langworthy’s Addition to
the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located
at 2315 Jackson Street was adopted.
RESOLUTION NO. 78-10
APPROVING THE ACCEPTANCE OF A SHERIFF’S DEED FOR THE EAST ½ OF LOT 24A
IN L.H. LANGWORTHY’S ADDITION TO THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, LOCATED AT
2315 JACKSON
Whereas, the City of Dubuque has a secured interest in a property at 2315 Jackson Street;
and
Whereas, this interest was subordinate to a first mortgage and would have been lost due to
a foreclosure sale.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby accepts the Sheriff’s Deed attached hereto for
the property legally described as:
East 1/2 of Lot 24A in L.H. Langworthy’s Addition in the City of Dubuque, County of
Dubuque, Iowa, according to the recorded Plat thereof,
Section 2. That the City Clerk be and she is hereby directed to record this Resolution and
Sheriff’s Deed to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adoptedthis 15th day of March, 2010.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $72,000 for Loras College for the necessary equipment to operate shared
educational Channel 17. Upon motion the documents were received and filed.
Rural Business Enterprise Grant (RBEG): Communication to Bill Menner, State Director –
Rural Development for the U.S. Department of Agriculture, in support of the Rural Business
Enterprise Grant (RBEG) application to develop an assessment map for biomass fuel within
the Greater Dubuque region and northeast Iowa. Upon motion the documents were received
and filed.
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Council Appointments: Communication from the Iowa League of Cities requesting that City
Council Member Dirk Voetberg serve on the Legislative Policy Committee.
Communication from the National League of Cities advising that City Council Member Dirk
Voetberg has been appointed to the NLC 2010 Community and Economic Development Policy
and Advocacy Committee.
Communication from the National League of Cities advising that City Council Member Kevin
Lynch has been appointed to the NLC Information Technology and Communications Policy
and Advocacy Committee.
Upon motion the documents were received and filed.
City Development Board: Notification from Steven R. McCann, Administrator – City
Development Board, that a public hearing in the matter of the City of Asbury voluntary
annexation including non-consenting owners within the urban area of the City of Dubuque will
be held on April 14, 2010. Upon motion the documents were received and filed.
Dubuque County Board of Supervisors – FEMA: Communication from the Dubuque County
Board of Supervisors in support of the City’s efforts of involvement with the property owner
appeals process related to the recently revised Federal Emergency Management Agency’s
preliminary flood plain maps. Upon motion the document was received and filed.
Fiscal Year 2011 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees: City Manager recommending approval of the Fiscal Year 2011 Wage Plan and
Compensation Package for non-bargaining unit employees. Upon motion the documents were
received and filed and Resolution No. 79-10 Approving the Wage Plan and Compensation
Package for non-bargaining unit employees for Fiscal Year 2011 was adopted.
RESOLUTION NO. 79-10
APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON-
BARGAINING UNIT EMPLOYEES FOR FISCAL YEAR 2011
Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for
General Employee classifications and the Non-assigned classifications be increased by 3.5%
across-the-board effective July 1, 2010; and
Whereas, the City Council provides a compensation package to Non-bargaining Unit
employees similar to the compensation package to be received by Bargaining Unit employees;
and
Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with
the wage increase to be received by employees represented by the Firefighters Association,
Police Officers Association and Teamsters Unions bargaining units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Non-bargaining Unit Wage Plan for General Employee classifications
and Non-assigned classifications is hereby approved.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager
recommending approval of an amendment to the Collective Bargaining Agreement with the
Teamsters Union to provide for a work week that consists of ten hours per day and four days
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per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion the
documents were received, filed, and approved.
Tobacco Use Prevention and Control Community Partnership Grant: Letter of support for
the Hillcrest Family Services / Dubuque County application for funds through the Tobacco Use
Prevention and Control Community Partnership Grant. Upon motion the documents were
received, filed, and approved.
Housing Commission: Communication from the Housing Commission regarding the minutes
of the Enforcement Subcommittee of the Safe Community Task Force meeting of January 20,
2010. Upon motion the documents were received and filed.
Signed Contracts: Qwest contract related to the parking ramp at 975 Central Avenue;
Agreement for Architectural and Project Plan Review for Energy Star Certification and Utility
Rebates with Eco Smart Building, PC for the new parking ramp. Upon motion the documents
were received and filed.
Business License Refunds: Request of Bammers Sports Bar and Grill, LLC, for a refund of
Beer and Liquor License #LC0037050 in the amount of $422.50.
Request of Donald W. Geiger, A & B Tap, for a refund of Beer and Liquor License
#LC0034101 in the amount of $633.75.
Upon motion the documents were received, filed, and the refunds approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 80-10 Granting the issuance of one new cigarette license to O’Clock Industries
Incorporated and Resolution No. 81-10 Granting the issuance of a Class “C” Beer/Liquor
License to Bunker Hill Golf Course, Salsa’s Mexican Restaurant, P.J. Tap, Neighbor’s, and
Rosewood Diner/Supper Club were adopted.
RESOLUTION NO. 80-10
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
NEW
The Riviera Lounge, Ltd. O’Clock Industries, Inc. 116 W. 13 th Street
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Passed, approved and adopted this 15 day of March, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 81-10
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
City of Dubuque Bunker Hill Golf Course 2200 Bunker Hill
+(Sunday/Outdoor Sale)
Salsa’s, Inc. Salsa’s Mexican Restaurant 1091 Main Street
+(Sunday Sale)
Lana Kaye LuGrain P.J. Tap +(Sunday Sale) 500 Rhomberg Avenue
Neighbor’s, Inc. Neighbor’s Tap 1899 Rockdale Road
Rosewood Diner/Supper Club Rosewood Diner/Supper Club 3187 University Avenue
+(Sunday Sale)
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Passed, approved and adopted this 15 day of March, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 6-0.
Fiscal Year 2011–2015 Consolidated Plan and Analysis of Impediments to Fair Housing:
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of the Fiscal Year 2011–2015 Consolidated Plan and Analysis of Impediments to Fair
Housing. Upon motion the documents were received and filed and Resolution No. 82-10
Setting a public hearing on the Fiscal Year 2011–2015 Consolidated Plan for Housing and
Community Development and Resolution No. 83-10 Setting a public hearing on the Analysis of
Impediments to Fair Housing were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Building.
RESOLUTION NO. 82-10
SETTING A PUBLIC HEARING ON THE FY 2011-2015 CONSOLIDATED PLAN FOR
HOUSING AND COMMUNITY DEVELOMENT.
Whereas, the U.S. Department of Housing and Urban Development requires each
entitlement city to submit a Consolidated Plan for Housing and Community Development,
including the proposed use of its Community Development Block Grant funds at least 45 days
prior to its program year; and
Whereas, the City of Dubuque has, through a series of public meetings and hearings,
finalized a Consolidated Plan addressing both housing and non-housing needs in the
community; and
Whereas, FY 2011-2015 Consolidated Plan (Program Year 2010-2014) for Housing and
Community Development will be made available for public comment 30 days prior to City
Council action; and
Whereas, the City's Community Development Advisory Commission has reviewed and
recommended adoption of the FY 2011-2015 Consolidated Plan (Program Year 2010-2014) for
Housing and Community Development.
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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 will meet in the Historic Federal Building, Council
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Chambers, 2 Floor, 350 West 6 Street, Dubuque, Iowa at 6:30 p.m. on April 19, 2010 for the
purpose of holding a public hearing and taking action on the FY 2011-2015 Consolidated Plan
(Program Year 2010-2014) for Housing and Community Development.
Section 2. That the City Clerk be and she 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 FY
2011-2015 Consolidated Plan (Program Year 2010-2014) for Housing and Community
Development.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 83-10
SETTING A PUBLIC HEARING ON THE ANALYSIS OF IMPEDIMENTS TO FAIR
HOUSING.
Whereas, the U.S. Department of Housing and Urban Development requires each
entitlement city to conduct an Analysis of Impediments to Fair Housing (AI); and
Whereas, the City of Dubuque has conducted an Analysis of Impediments to Fair Housing
that identifies impediments and proposes a fair housing action plan to eliminate these
impediments; and
Whereas, the Analysis of Impediments to Fair Housing will be made available for public
comment 30 days prior to City Council action; and
Whereas, the City's Community Development Advisory Commission has reviewed and
recommends adoption of the Analysis of Impediments to Fair Housing.
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
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Chambers, 2 Floor, 350 West 6 Street, Dubuque, Iowa at 6:30 p.m. on April 19, 2010 for the
purpose of holding a public hearing and taking action on the Analysis of Impediments to Fair
Housing.
Section 2. That the City Clerk be and she 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
Analysis of Impediments to Fair Housing.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Community Development Advisory Commission. One 3-year
term through February 15, 2013 (At-Large Term of Gukeisen). Applicant: Peter Koshakji, 1076
½ University Avenue.
Appointments to the following Boards/Commissions: Civil Service Commission. One 4-year
term through April 6, 2014 (Term of Schilling). Applicants: Tom Rawson, 2310 Knob Hill Drive;
Jim Schilling, 3283 Bittersweet Lane. Upon concurrence from the City Council, Mayor Buol
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appointed Jim Schilling to the Civil Service Commission for a 4-year term through April 6,
2014.
Mechanical Board: Two 3-year terms through March 16, 2013 (Terms of Kelly, Papin and
Bandy). Applicants: Michael Kelly, 2875 Timber Line Drive; Paul Papin, 2955 Jackson Street.
Motion by Braig to appoint Michael Kelly and Paul Papin to the Mechanical Board for two 3-
year terms through March 16, 2013. Seconded by Resnick. Motion carried 6-0.
Zoning Board of Adjustment: One 5-year term through March 25, 2015 (Term of Ruden).
Applicants: Ryan Anglese, 2752 Carlton Avenue; Michael Ruden, 3256 Arrowwood Lane.
Upon roll call vote Michael Ruden was appointed to the Mechanical Board for a 5-year term
through March 25, 2015.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council.
University of Dubuque – Request to Amend ID Institutional District: Proof of publication on
notice of public hearing to consider a request from the University of Dubuque to amend the
University of Dubuque ID Institutional District to allow for an expanded parking lot near the
corner of Finley and West Streets (2320 / 2350 West Street and 1211 Finley Street) and
Zoning Advisory Commission recommending approval. Motion by Connors 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 Braig. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 18-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an amended campus development plan to allow construction of an
expanded parking lot for the University of Dubuque ID Institutional District near the corner of
Finley and West Streets. Seconded by Braig. Jim Steiner, Vice President of Finance for the
University of Dubuque, 2000 University Avenue, spoke in support of the proposed ordinance
and stated that houses affected by the development would be deconstructed or relocated.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED
CAMPUS DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF AN EXPANDED
PARKING LOT FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT NEAR
THE CORNER OF FINLEY AND WEST STREETS.
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 Development
Code, be amended by providing for the approval of an amended campus development plan for
the University of Dubuque ID Institutional District, a copy of which is on file with the City of
Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
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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. Offices for administrative personnel or other institutional employees
and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates.
f. Single-family, two-family or multi-family dwellings for the housing of
institutional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above-described ID Institutional District.
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy-five (75) persons at one time and
located not closer than two hundred feet (200’) from the nearest
Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or maintained, but
not to include commercial use outside the principal building.
3. No conditional uses shall be allowed.
[ ] Parking requirements as per Section D of this Ordinance.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as
follows:
The proposed parking lot at the corner of Finley and West Streets shall be
constructed in substantial conformance with the attached amended campus
development plan and all final site plans are to be approved in accordance with
provisions of the ID Institutional District regulations.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall
be established in conformance with Section 5-22 of the Unified Development
Code and the following standards:
1. The storm water control shall be designed and built in accordance with
City 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
commencement of any land disturbing activity related to the subject
project, including all required state and city permits related to erosion
control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the
Unified Development Code.
5. All utilities, including telephone and cable television, shall be installed
underground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13
of the Unified Development Code.
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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. 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. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Article 15 of the Unified Development Code.
F. Additional Standards
That all previously approved campus development plans are hereby amended
to allow for the attached campus development plan.
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires
rezoning of the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Article 9 of the Unified
Development Code.
I. Recording
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within thirty (30) days
of the adoption of this ordinance. This ordinance shall be binding upon the
undersigned and all his/her heirs, successors and assignees.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 15 day of March, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of March, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Bethany Home – Request to Rezone: Proof of publication on notice of public hearing to
consider a request from Glinda Manternach, Bethany Home, to rezone property located at 921
/ 925 Lincoln Avenue from R-2A Alternate Two-Family Residential District to R-3 Moderate
Density Multi-Family Residential District and Zoning Advisory Commission recommending
approval. Motion by Connors 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. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 19-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 921 / 925 Lincoln Avenue from R-2A
Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential
District. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff
report. Glinda Manternach, speaking on behalf of Bethany Home, 1005 Lincoln Avenue, stated
that the two houses affected by the request were salvaged and are now gone. Motion carried
6-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 19-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 921/925 LINCOLN AVENUE FROM R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL
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 Development
Code, is hereby amended by reclassifying the hereinafter-described property from R-2A
Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential
District, to wit:
Lot 33 and Lot 34, Hooper’s Addition, 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 Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 15 day of March, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of March, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque Property Investments, LLC, – Request to Rezone: Proof of publication on notice of
public hearing to consider a request from Greg Prehm / Dubuque Property Investments, LLC,
to rezone property located at 2639 University Avenue (Lots 46 through 50 of the Lenox
Addition along Beverly Avenue) from R-1 Single-Family Residential District to R-2 Two-Family
Residential District and Zoning Advisory Commission recommending denial. Motion by
Connors to receive and file the documents and concur with the denial of a proposed ordinance
amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2639 University from R-1 Single-Family
Residential District to R-2 Two-Family Residential District. Seconded by Braig. Executive
Director of Greater Dubuque Development Corporation Rick Dickinson, 300 Main Street, spoke
on behalf of the developers and asked that the request be tabled in order to give the developer
time to work out issues with the neighbors. Dan O’Meara, 2631 Nebraska Street; Carol
Steckel, 2645 University Avenue; and Bruce Schaal, 2765 Beverly Street, spoke in opposition
to the request citing concerns over additional traffic, multiple vehicles and tenants, unsightly
development, and uncooperative landlords. City Attorney Lindahl stated that a denial of the
request requires the developer to re-file with the Zoning Commission. Planning Services
Manager Laura Carstens stated that R2 Residential Development does not require the
submission of a site plan or screening conditions and that the project meets City codes. Motion
to concur with the denial carried 6-0.
Request to Rezone – Historic Millwork District: Proof of publication on notice of public
hearing to consider a request from the City of Dubuque to rezone property located south of
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12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial
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and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned
Commercial designation for the Historic Millwork District PUD and Zoning Advisory
Commission recommending approval. Motion by Connors 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. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 20-10 Amending
Title 16, of the City Of Dubuque Code Of Ordinances, Unified Development Code, by
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reclassifying hereinafter described property located south of 12 Street, east of White Street
and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District
to PUD Planned Unit Development District with a PC Planned Commercial designation for the
Historic Millwork District PUD. Seconded by Braig. John Rettenmeier, 1105 Loras Blvd., spoke
expressing his concerns over the condition of Washington Street; Phil Mihalakis 2602
Hacienda Drive, spoke in opposition to his two parcels being included in the proposed zoning.
Attorney Jennifer Clemens Conlon, 2080 Southpark Ct. representing Stakis, LLC, and A&K
Leasing, asked that the district maps be corrected to show proper ownership of her clients’
parcel, reconsider realigning Elm Street for parking, and plan staggered development around
her clients’ property. Ellen Goodman Miller, Historic Millwork District Resource Development
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Director, 421 West 3 Street; Dubuque Main Street Executive Director Dan LoBianco, 1069
Main Street; Tim McNamara, 700 Sunset Ridge, and John Gronen, Gronen Properties, 1056
Main Street, spoke in support of the rezoning. P.J. Anglin, Managing Partner for A&K Leasing,
390 E12th Street, questioned why he was not notified of public input meetings adding that
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although he supported the plan, he believed the district should end at 11 Street until the first
phase is successfully completed. John White, 434 Burch Street, requested that his properties
not be included in the rezoning citing conflicts between residential and heavy industrial uses.
Dave Miner, 1048 White Street, stated that he has no objections to the rezoning but objected
to the conditional use permit process which could limit expansion. Planning Services Manager
Laura Carstens provided a staff report and stated that existing businesses can operate as
usual, but expansions will require conditional use permits under this PUD. She added that the
City uses County records to send notices to the property owners of record. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-10
AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
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DESCRIBED PROPERTY LOCATED SOUTH OF 12 STREET, EAST OF WHITE STREET
AND WEST OF HIGHWAY 61/151 FROM C-4 DOWNTOWN COMMERCIAL AND HI HEAVY
INDUSTRIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT
PUD.
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 reclassifying the hereinafter-described property from C-4
Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development
District with a PC Planned Commercial District designation and adopting a conceptual
development plan, a copy of which is attached to and made a part hereof, to be known as the
Historic Millwork District PUD , is hereby adopted and approved for the following described
property, to wit:
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All real property generally located south of 12 Street, east of White Street and west of
Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PC Planned Commercial District:
Principal permitted uses:
The following uses are permitted in the Historic Millwork
District PUD:
1. Places of religious exercise or assembly.
2. Public, private or parochial school approved by State of Iowa (K-12).
3. Public or private park, golf course, or similar natural recreation area.
4. Railroad and public or quasi-public utility, including substation.
5. Residential use.
6. Housing for the elderly and persons with disabilities (not identified with (5)
above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
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41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Accessory Uses:
The following accessory uses are permitted in the Historic Millwork
District PUD:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses:
The following conditional uses are permitted in the Historic
Millwork District PUD, subject to the provisions of Article 8 of the Unified Development
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a
conditional use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or engineering, provided that such use
complies with all local, state, and federal regulations governing hazardous
substances, hazardous conditions, hazardous wastes, and hazardous
materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic products,
components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or clocks;
medical, dental, optical or similar scientific instruments; orthopedic or medical
appliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or products
from the following substances: clothing or textiles; rubber, precious or
semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass;
hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose
products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to
obstruct public streets or create traffic or safety hazards;
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b. All licenses have been issued or have been applied for and are awaiting
the outcome of the state’s decision; and
c. Such use shall not be located within the same structure as any gas
station, bar/tavern, automated gas station or any facility selling,
servicing, repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on which the
licensed child care center will be located complies with, and will for so
long as the licensed child care center is so located, continue to comply
with all local, state and federal regulations governing hazardous
substances, hazardous conditions, hazardous wastes, and hazardous
materials.
e. If the applicant is subject to the requirements of Section 302 of the
Superfund Amendments and Reauthorization Act of 1986, as amended,
the Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of extremely hazardous
substances kept or stored on the 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 substances.
f. Applicant shall submit an evacuation plan for approval by the City, both
written and drawn, that details where the children will go in the event of
a hazardous materials incident. The plan shall include a “house in
place” scenario in which the children can be kept safely within a room of
the building that has no penetration to the outside (windows, doors, etc).
g. Applicant shall submit plans for approval by the City that indicate the
installation of a main emergency shut-off switch for the heating,
ventilation, and air conditioning (HVAC) system to minimize the
infiltration risk of airborne hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Historic Millwork District PUD,
subject to the provisions of the Unified Development Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
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3. New Construction Transition. New construction on the blocks between 12
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Street and 11 Street should transition in scale from the Washington
Neighborhood to the District PUD.
C. Sign Regulations.
1. The number, size and location of signs in the Historic Millwork District PUD
shall be regulated in accordance with Exhibit C and all other applicable
regulations of Article 15 of the Unified Development Code.
2. A comprehensive sign plan is required as part of the sign permit submittal for
all multi-tenant buildings.
3. Free-standing signs in the District PUD shall be monument-style signs.
4. The design of signage shall comply with the Downtown Design Guidelines for
signs. Waiver requests from these guidelines shall be reviewed by the
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Historic Preservation Commission in accordance with the provisions of Article
10 of the Unified Development Code.
5. Variance requests from sign requirements established in Article 15 of the
Unified Development Code shall be reviewed by the Zoning Board of
Adjustment in accordance with provisions of Article 8 of the Unified
Development Code.
6. Off-premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic
Millwork District PUD that includes residential, retail, office, commercial, and
industrial uses requires both strategy and flexibility for its sustainability. The
development and maintenance of uses in the Historic Millwork District PUD
conceptually should follow the goals, objectives, and recommendations of the
Historic Millwork District Master Plan, incorporated herein by reference and on file
in the Planning Services Department. The development and maintenance of uses
in the Historic Millwork District PUD shall be regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section 5. Development Summary of the Historic
Millwork District Master Plan, and shown on Exhibit B, on file in the
Planning Services Department, and made a part of this zoning
reclassification by reference as the Conceptual Development Plan for
the Historic Millwork District PUD.
b. It is recognized that minor shifts or modifications to the general plan
layout may be necessary and compatible with the need to acquire
workable street patterns, grades and usable building sites.
c. The Land Use / Development Patterns depicted in the Historic Millwork
District Master Plan for ground floor uses reflect a predominance of
residential uses; however, for District sustainability, these ground floor
uses shall be characterized by a flexible designation for the Historic
Millwork District PUD Conceptual Development Plan as shown in Exhibit
B.
2. Parking Regulations
Off-street parking is not required as part of the Historic Millwork District PUD.
Off-street parking spaces may be provided in a building as an accessory use,
subject to review and approval under Building, Fire, and other applicable City
Codes. If a property owner chooses to provide surface off-street parking
within the District PUD, the City Council must first approve the request and
the following regulations shall apply:
a. Parking lot design shall comply with the Downtown Design Guidelines
for surface parking lots.
b. All vehicle-related features shall be surfaced with standard or
permeable asphalt, concrete, or pavers.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
e. The size and design of parking spaces shall be governed by applicable
provisions of the Unified Development Code enforced at the time of
development of the lot.
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f. 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.
3. Parking Structures. Parking structures (ramps) are allowed in the Historic
Millwork District PUD subject to City Council review and the following
standards:
a. Parking structures shall comply with the Downtown Design Guidelines
for parking facilities.
b. The size and design of parking spaces shall be governed by applicable
provisions of the Unified Development Code enforced at the time of
development.
c. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state or federal
requirements in effect at the time of development.
4. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of
the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries shall be designed and installed to
shield light from the luminaries at angles above 72-degrees from
vertical.
ii. Fixtures mounted on a building shall not be positioned higher than
the roofline of the building.
iii. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
iv. The design of exterior lighting luminaries shall comply with the
Downtown Design Guidelines for signs. Waiver requests from
these guidelines shall be reviewed by the Historic Preservation
Commission in accordance with the provisions of Article 10 of the
Unified Development Code.
5. Open Space
It is the intent of these regulations that the development of open spaces
(if provided) shall reflect a high quality of environmental design. The
following provisions shall apply.
i. Open space plans are required as part of submittals for site plan
review. Such plans are to include type, number and size of
proposed plantings, paving and other open space amenities.
Open space areas shall be designed in compliance with
Downtown Design Guidelines and the Historic Millwork District
Master Plan.
ii. Within one (1) year following completion of construction, or by the
date that a building is issued an occupancy certificate by the
Building Services Department of the City of Dubuque, whichever
occurs first, required open space amenities shall be installed.
6. Stormwater Management
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The developer shall be responsible for providing stormwater management in
a means that is satisfactory to the City Engineer and consistent with the
Historic Millwork District Master Plan. Sustainable, low impact development
techniques for stormwater management approved by the City Engineer will
be used where feasible. Other applicable regulations also enforced by the
City Engineer relative to stormwater management and drainage shall apply to
the subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the
principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein
shall be visually screened from view. The screening shall be completely
opaque fence, wall or other feature not exceeding a height of 10 feet
measured from the ground level outside the line of the screen. Screens
built on sloping grades shall be stepped so that their top line shall be
horizontal. All exterior entrances to a screened trash area shall be
provided with a gate or door of similar design to that of the screen.
c.Exterior trash collection areas shall comply with the Downtown Design
Guidelines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior
storage areas shall comply with the Downtown Design Guidelines for
service areas.
b. The use of semi-trailers and/or shipping containers for storage is
prohibited.
9. Final site development plans shall be submitted in accordance with provisions
of Article 12 and Article 13 of the Unified Development Code prior to
construction or expansion of any buildings, free-standing signs, or parking
facilities. The Downtown Design Guidelines shall apply to site development in
the District PUD, and shall take precedence over the Design Standards for
Big Box Retail Uses (over 100,000 square feet) and the Design Standards for
Retail Commercial Uses (over 60,000 square feet) and Regional Shopping
Centers in Article 13 of the Unified Development Code.
10. Retail uses should be clustered around each other and adjacent to public
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spaces, such as at the intersection of 10 and Washington Streets, in the
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Farley & Loetscher and Kirby Buildings along 7 Street, and in a highly visible
commercial corridor at the east edge of the District along Elm Street.
11. Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed use buildings along the new block to be
created by realigning Elm Street in accordance with the Historic Millwork
District Master Plan.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines
serving the building and other site features shall be located underground,
where feasible.
2. These regulations do not relieve the owner from other applicable city, county,
state or federal codes, regulations, laws and other controls relative to the
planning, construction, operation and management of property within the city
of Dubuque.
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F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork District PUD
shall include in the transfer or lease agreement a provision that the purchaser or
lessee acknowledges awareness of the conditions authorizing the establishment of
the District PUD.
G. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the City of
Dubuque, with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance shall
be binding upon the undersigned and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 15day of March, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of March, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Vacating Petition – Seippel Road: Proof of publication on notice of public hearing to
consider a request from Toby Kress, representing Kress Industrial Facility, LLC, to vacate and
release excess right-of-way easement along Seippel Road and City Manager recommending
approval. Motion by Braig to receive and file the documents and adopt Resolution No. 84-10
Disposing of interest and vacate an excess easement for public roadway over Lot 1 of Seippel
Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by
Connors. Motion carried 6-0.
RESOLUTION NO. 84-10
RESOLUTION DISPOSING OF INTEREST AND VACATE AN EXCESS EASEMENT FOR
PUBLIC ROADWAY OVER LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK PLAT 3 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 5 day of March, 2010, the City Council of the City of Dubuque, Iowa
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met on the 15 day of March, 2010, at 6:30 p.m. in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described as:
Excess Roadway Easement for Public Highway on Lot 1 of Seippel Road Commercial Park
Plat 3 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa,
in real property described as excess roadway easement for public highway on Lot 1 of Seippel
Road Commercial Park Plat 3 in the City of Dubuque, Iowa, be and the same is hereby
approved for the cost of publication and filing fees.
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Section 2. That the Mayor be authorized and directed to execute a Release of Easement,
and the City Clerk be and is hereby authorized and directed to deliver said Release to Toby J.
Kress upon receipt of the publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sale of Property – 1699 Washington Street: Proof of publication on notice of public hearing
to consider the sale of real estate located at 1699 Washington Street to Christina Krier as part
of the Neighborhood Stabilization Program and City Manager recommending approval. Motion
by Braig to receive and file the documents and adopt Resolution No. 85-10 Disposing of City-
owned property, specifically, Lot Two of Lot Eighty-Six in East Dubuque Addition in the City of
Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located at 1699
Washington Street. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 85-10
DISPOSING OF CITY-OWNED PROPERTY, SPECIFICALLY, LOT TWO (2) OF LOT
EIGHTY-SIX (86) IN EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, LOCATED AT
1699 WASHINGTON STREET
WHEREAS, pursuant to a notice, duly published in the Telegraph Herald newspaper, the
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City Council of Dubuque, Iowa, met on the 1 day of March 2010, in the Dubuque Historic
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Federal Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dispose of
City-owned real estate located at 1699 Washington Street which property is legally described
as follows
Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of Dubuque, County of
Dubuque, Iowa, according to the recorded Plat thereof;
Whereas, such proposal supports the Washington Neighborhood revitalization strategy as
approved by the City Council;
Whereas, a qualifying home buyer has signed an offer to purchase and obtained financing;
and
Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all
objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque,
Iowa, in the herein and above-named real estate to the above-named grantee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally-
described property:
Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of Dubuque, County
of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of One hundred two
thousand dollars. ($102 000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City’s interest to Christina Krier for the herein-described real
estate.
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Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 15th day of March, 2010.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Request of Sandy Amberg to address the City Council
to present a petition asking that fluoride be removed from Dubuque’s water.
Request of Shane Duncan to address the City Council regarding the dangers of fluoride.
Ms. Amberg, 80 Croydon Crest, provided a slide presentation and submitted a petition in
opposition to the fluoridation of Dubuque’s water and requested the City Council move to
further study the effects of fluoridated water. Mr. Duncan, 506 Angella Street, provided a slide
presentation about fluoride and spoke in opposition to fluoridated water. Motion carried 4-2.
With Jones and Resnick voting nay.
Sunset Ridge: Communication from Tim McNamara, 700 Sunset Ridge, submitting a
petition regarding the reconstruction of Sunset Ridge and requesting to be heard by the City
Council. Motion by Braig to receive and file documents and refer to the City Manager.
Seconded by Jones. Tim McNamara, 700 Sunset Ridge, asked that the City Council consider
reconstruction of Sunset Ridge as a narrower street without sidewalks. Motion carried 6-0.
Downtown Rehabilitation Loan and Façade Grant: City Manager recommending approval of
a letter of commitment for a Downtown Rehabilitation Loan for $300,000, a Façade Grant of
$10,000, Design Grant of $10,000, and a Financial Consultant Grant of $15,000 for Helicon
Management, LLC, to support their rehabilitation of property located at 756 Main Street
(formerly Walker’s Shoe Store). Motion by Connors to receive and file the documents and
adopt Resolution No. 86-10 Authorizing a Letter of Commitment and additional actions
concerning a Downtown Rehabilitation Loan and Façade Grant for property located at 756
Main Street. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 86-10
AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING
A DOWNTOWN REHABILITATION LOAN AND FAÇADE GRANT FOR PROPERTY
LOCATED AT 756 MAIN STREET.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from Helicon Management, LLC meets the requirements of
this program; and
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Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof,
sets forth the terms and conditions of Helicon Management, LLC participation in the Downtown
Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Helicon Management, LLC for participation in the
Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to
Helicon Management, LLC for review and approval.
Section 3.That the City Manager be and he is hereby directed to prepare, upon execution
and receipt of the attached Commitment Letter by the applicant, the necessary loan
documents in accordance with the terms and conditions set forth in said Commitment Letter.
Section 4.That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
I-JOBS Grant Award: Press release from the Office of the Governor announcing that the
City of Dubuque will receive a $240,000 I-JOBS award to acquire and rehabilitate six historic
row-house apartments as part of the Washington Neighborhood Revitalization Plan. Motion by
Lynch to receive and file the documents. Seconded by Braig. Motion carried 6-0.
State of Iowa Direct Financial Assistance Application: City Manager recommending approval
of the submission of a Direct Financial Assistance program application to the Iowa Department
of Economic Development in the amount of $50,000 on behalf of Peninsula Gaming, LLC.
Motion by Connors to receive and file the documents and adopt Resolution No. 87-10
Authorizing the filing of a Financial Assistance Application to the Iowa Department of Economic
Development on behalf of Peninsula Gaming, LLC. Seconded by Jones. Motion carried 4-0.
(Jones and Braig were out of the room)
RESOLUTION NO. 87-10
AUTHORIZING THE FILING OF A FINANCIAL ASSISTANCE APPLICATION TO THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF PENINSULA GAMING,
LLC.
Whereas, Peninsula Gaming, LLC. has proposed the expansion of its corporate offices in
Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the creation
of 10 new jobs; and
Whereas, the Iowa Department of Economic Development (IDED) has a 100% Component
program designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Direct Financial
Assistance program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the filing of an application for Direct Financial Assistance on behalf of
Peninsula Gaming, LLC. is hereby approved.
Section 2. That the local match of identified in the application as $337,000 consisting of
Peninsula Gaming, LLC’s representative portion of TIF rebates to Port of Dubuque Brewery,
LLC for increased building valuation has previously been approved in the Development
Agreement with Port of Dubuque Brewery, LLC.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit said application to the Iowa Department of Economic Development together
with such documents as may be required.
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Passed, approved, and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
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Utility Relocation Project – 9 to 10 Streets: City Manager recommending award of the
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contract for the Utility Relocation Project – 9 to 10 Streets to Top Grade Excavating, Inc., in
the amount of $710,860.87. Motion by Lynch to receive and file the documents and adopt
Resolution No. 88-10 Awarding the public improvement contract for the Utility Relocation
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Project – 9 to 10 Streets: Sanitary Sewer, 20-inch Transmission Watermain, and Fiber Optic
Conduit. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 88-10
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UTILITY RELOCATION
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PROJECT – 9 TO 10 STREET: SANITARY SEWER, 20-INCH TRANSMISSION
WATERMAIN, AND FIBER OPTIC CONDUIT
Whereas, sealed proposals have been submitted by contractors for the Utility Relocation
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Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic
Conduit (the Project) pursuant to Resolution No. 53-10 and Notice to Bidders published in a
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newspaper published in the City of Dubuque, Iowa on the 19 day of February, 2010.
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Whereas, said sealed proposals were opened and read on the 9 day of March, 2010 and it
has been determined that Top Grade Excavating, Inc., with a bid in the amount of
$710,860.87, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 15 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Demolition and Moving Permits: City Manager recommending approval of amendments to
the City of Dubuque Code of Ordinances relating to demolition and moving permits. 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 Connors. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 21-10 Amending the
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building
Construction, Demolition and Moving, Section 14-2-1: Permit Required; Section 14-2-2:
Application for Permit; Section 14-2-3: Permit Issuance; Generally; Section 14-2-4: Moratorium
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for Construction or Other Work on Certain Streets, Areas or Facilities; Section 14-2-5: Fees;
Section 14-2-6: Special Provisions; Section 14-2-7: Insurance Requirements; Section 14-2-8
Special Requirements; and deleting Section 14-2-8: Enforcement. Seconded by Braig. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING,
SECTION 14-2-1: PERMIT REQUIRED; SECTION 14-2-2: APPLICATION FOR PERMIT;
SECTION 14-2-3: PERMIT ISSUANCE; GENERALLY; SECTION 14-2-4: MORATORIUM
FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR
FACILITIES; SECTION 14-2-5: FEES; SECTION 14-2-6: SPECIAL PROVISIONS; SECTION
14-2-7: INSURANCE REQUIREMENTS; SECTION 14-2-8: SPECIAL REQUIREMENTS;
AND DELETING SECTION 14-2-9: ENFORCEMENT
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 14-2-1 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-1: PERMIT REQUIRED:
A. Permit Required: It shall be unlawful for any person, firm or corporation to: 1)
demolish a building or portion thereof; or 2) move a building from one location to
another across private or public property; or 3) use or occupy the streets or public
property for the purpose of erecting, constructing, enlarging, altering, repairing or
remodeling a building or structure; or 4) for storing or using materials, machinery or
equipment in relation thereto; or for engaging in building construction, demolition or
related operations on adjacent streets or public property, within the city, unless such
person shall have obtained a permit therefor from the city manager in compliance
with the provisions of this chapter and of the building code.
B. Definitions: For the purpose of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given hereto:
BUILDING: Any structure of more than 200 square feet used or intended for
supporting or sheltering any use or occupancy including all public or private garages,
barns, sheds, residential, commercial, educational, institutional or industrial uses and
any accessories thereto. (2007 Code § 11-56)
Section 2. Section 14-2-2 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-2: APPLICATION FOR PERMIT:
A. Application: To obtain a permit, the applicant shall first file an application therefor in
writing on a form furnished by the building services division. Every such application
shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done, by legal description,
street address or similar description that will readily identify and definitely locate
the proposed work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and other
data as required in subsection B of this section.
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5. Be signed by permittee, or the permittee's authorized agent who may be required
to submit evidence to indicate such authority.
6. Be accompanied by proof of insurance as required by this chapter for the type of
permit desired.
7. Give such other data and information as may be required by the city manager.
B. Plans And Specifications: Plans, engineering calculations, diagrams and other data
shall be submitted in one or more sets with each application for a permit. The city
manager may require plans, computations, diagrams and specifications to be
prepared and designed by an architect or engineer licensed by the state to practice
as such. Exception: The city manager may waive the submission of plans,
calculations, etc., if the city manager finds that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with this chapter.
C. Information On Plans And Specifications: Plans, specifications and diagrams shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature and extent of the work proposed and show in detail that
it will conform to the provisions of this chapter and all relevant laws, ordinances, rules
and regulations. (2007 Code § 11-57)
D. Construction On Bluff Land Or Land Adjacent To Bluffs: The application shall indicate
whether the construction is on bluff land or land adjacent to a bluff. If the construction
is on bluff land or land adjacent to a bluff, prior to the issuance of a permit, the city
manager may require the developer to fund an engineering study or studies, to
determine whether the bluff land, land adjacent to a bluff, or adjacent bluff is
sufficiently stable to allow for the construction or use. If the city manager determines,
based upon the engineering study or studies, that the bluff land, land adjacent to a
bluff, or adjacent bluff is not sufficiently stable to allow for the construction or use, the
city manager may require as a condition of the issuance of the permit such
stabilization or other measures as the engineering study or studies recommend to
make the bluff land, land adjacent to a bluff, or adjacent bluff sufficiently stable to
allow for the construction or use. (Ord. 21-07, 4-16-2007)
E. Notice To Adjacent Property Owners: The city manager shall direct that the applicant
send, not less than ten (10) days after the filing of the application, a notice of the
filing of the application by first class mail to all owners of property adjacent to the
property for which the permit is issued, describing the demolition and the date when
demolition will commence. Prior to the issuance of the permit, the city manager shall
verify with the applicant that the required notice was sent. (Ord. 62-08, 10-6-2008)
Section 3. Section 14-2-3 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-3: PERMIT ISSUANCE; GENERALLY:
A. Issuance:
1. The application, proof of insurance, plans, specifications, diagrams and other
data filed by an applicant for a permit shall be reviewed by the city manager. Such
plans shall also be reviewed by other departments and divisions of the city to
verify compliance with any applicable laws or requirements under their
jurisdiction. If the city manager finds that the work described in an application for a
permit and the plans, specifications, diagrams and other data filed therewith
conform to the requirements of this chapter and other pertinent laws and
ordinances, and that the fees as established by the city manager have been paid,
the city manager shall issue the permit together with any special conditions which
may be attached to and made a part of the permit.
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2. Approved plans, specifications and diagrams shall not be changed, modified or
altered without authorization from the city manager, and all work shall be done in
accordance with the approved plans, specifications and diagrams.
B. Validity: The issuance or granting of a permit shall not be construed to be a
permit for, or an approval of, any violation of any of the provisions of this chapter or of
the Dubuque building code. No permit presuming to give authority to violate or cancel
the provisions of this chapter or code shall be valid, except insofar as the work or use
which it authorized is lawful.
C. Expiration:
1. Every permit issued by the city manager under the provisions of this chapter
shall expire by limitation and become null and void if the moving or demolition of
the building or structure, or the use of the public property, is not accomplished
during the period of time which is stated on the permit. Such work or use of public
property shall cease upon expiration of the permit and shall not be recommenced
until a new permit has been obtained by revising or renewing the original
application and by payment of a new fee.
2. Every moving permit shall be valid only on the moving date or dates written on
the permit. In those instances wherein the moving permittee was unable to move
the building on the specified moving date, the city manager is authorized to
change said moving date; provided, that the moving permittee shall obtain the
approval of other city officials in the same manner as required for the original
moving permit; and further provided, that a fee as established by the city
manager for changing the moving date has been paid to the building department.
3. Every demolition permit shall expire thirty (30) days from the date of issue,
unless the building is part of a demolition project which, because of its complexity
or proportions, will require more time, in which instance the original permit may
be issued for the approved term of the demolition schedule. Each demolition
permit may be renewed for successive additional periods of thirty (30) days;
provided, that a fee is paid for each renewal in the same amount as the original
demolition permit fee.
4. Every permit for the use of streets or public property shall expire on the last day
for which the permit was issued, as described on said permit, and shall be
renewed upon the payment of an additional fee to the building department, as
established by the city manager. Failure to renew the permit for the use of streets
or public property shall be considered as due cause for the city manager to order
all barricades or fences removed and the public property returned to public
availability and use.
D. Suspension Or Revocation: The city manager may, in writing, suspend or revoke
a permit issued under the provisions of this chapter whenever the permit is issued in
error, on the basis of incorrect information supplied, failure to comply with permit
conditions, or in violation of any ordinance. (2007 Code § 11-58)
Section 4. Section 14-2-4 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN
STREETS, AREAS OR FACILITIES:
A. Iowa 32 (Southwest Arterial) Corridor: The city manager shall not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of
any structure, building, or sign in the Iowa 32 (southwest arterial) corridor but not to
include demolition, as delineated on drawings on file in the city clerk's office, from the
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effective date hereof to July 1, 2010, except where a vested right to the issuance of
such permit accrued prior to the effective date hereof. (Ord. 41-08, 6-16-2008)
B. Bee Branch Creek Restoration Alignment Study Area: The city manager shall not
issue any permit for any commercial construction or for any new residential
construction, including a new house or new garage, but not including demolition and
emergency repairs, without the approval of the city council in the Bee Branch Creek
restoration alignment area as shown on the map on file in the office of the city clerk,
50 W. 13th Street, Dubuque, Iowa, during the period from the effective date of
ordinance 85-04 through July 1, 2010, except where a vested right to the issuance of
such permit accrued prior to December 19, 2003. (2007 Code § 11-58.5)
C. Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants And Biodiesel
Processing Facilities:
1. The city manager shall not issue a permit for any new construction or substantial
enlargement, alteration, repair or remodeling of any structure or building for the
production of ethanol or biodiesel fuel or for the processing of ethanol or biodiesel
fuel within the city from the effective date hereof to May 1, 2007, except where a
vested right to the issuance of such permit accrued prior to the effective date
hereof.
2. Any person, firm or corporation aggrieved or adversely affected by the city
manager's refusal to issue a permit pursuant to this moratorium shall appeal
therefrom to the city council. The city council may direct the city manager to issue
a permit where the city council finds that the refusal to issue a permit would
deprive the owner of the property of a vested right. (Ord. 69-06, 11-6-2006)
Section 5. Section 14-2-5 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-5: FEES:
A. Generally: A fee for each moving permit, demolition permit, or permit for the use of
streets or public property shall be paid to the city manager, as established by the city
manager.
B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the
demolition of a building or the use of public property for which a permit is required by
this chapter is started prior to obtaining said permit, the fees above specified shall be
doubled, but the payment of such double fee shall not relieve any person from fully
complying with the requirements of this chapter and the building code in the
execution of the work nor from other fees or penalties. (2007 Code § 11-59)
Section 6. Section 14-2-6 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for
use of public property shall not be transferable from one building or building site to
another building or building site nor from one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by the city
manager. The mover shall coordinate the route with the utility companies.
2. A police escort shall be required for all buildings moved from one location to
another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
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3. The chief of police shall determine the required number of personnel and vehicles
for escort service.
4. The fee established by the city manager shall be paid prior to issuance of a
permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and replacement
of natural obstructions or official signs and signals or other public or private
property required to be removed during the movement of a vehicle and load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or structure is
so constructed or in such condition as to be dangerous or unsafe or if it is infested
with pests, is unfit for human habitation or if it is so deteriorated, dilapidated or
defective that relocation would or could create a safety or health hazard, or cause
a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the city shall
comply with all ordinances and regulations applicable to new buildings or
structures, including, but not limited to, building, electrical, mechanical, plumbing,
fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply with the
uniform code for building conservation and title 6, chapter 6 of this code.
4. All nonresidential buildings or structures relocated within the city shall comply with
all ordinances and regulations applicable to new buildings or structures, including,
but not limited to, building, electrical, mechanical, plumbing, fire, health and
zoning regulations.
5. All moved buildings or structures shall be completely enclosed within thirty (30)
days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the building or
structure made ready for occupancy or use within one hundred twenty (120) days
from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a building,
structure, or portion of a building in the process of being demolished shall be
cleaned up and removed from the premises at least once weekly except for
streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demolished
shall include the thorough removal of all wood, debris and organic materials, filling
of excavations, cisterns and other depressions with acceptable rubble or earthen
fill, and spreading a tillable layer of topsoil over the entire lot to a uniform natural
grade consistent with the established adjacent grades.
2. When directed by the city manager, water shall be used to minimize dust when
demolishing structures or under any dust producing conditions. As ordered by the
city manager, buildings shall be washed down frequently to keep dust at a
minimum.
3. When an interior wall is exposed because of demolition of an adjoining structure,
said wall shall be provided with a weather resistive barrier as required in the
Dubuque building code. No such wall shall be exposed to the weather without the
written approval of the city manager.
4. When a demolition project has been abandoned or is found to be unsafe, the city
manager may order the unsafe conditions corrected, the building boarded up and
the premises barricaded. Upon failure of the owner or the owner's agent to
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comply with the order of the city manager within seven (7) days, the city manager,
after notice and opportunity for hearing, may cause said building or structure to be
demolished, the premises cleaned and suitable drainage grades established. The
cost of such demolition, cleaning and grading shall be assessed to the property as
provided by law. This section shall also apply to any site from which a building or
structure has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be shut off
and all such lines cut or disconnected at or outside the moving or demolition area
before work is started on the site. Prior to the disconnection of such lines, the
permittee or property owner shall notify the utility company and the city manager and
shall obtain their approval in compliance with applicable codes and requirements.
Exception: If it is necessary to maintain electrical service during the process of
moving or demolition, such service shall be temporarily relocated or protected with
substantial covering to the satisfaction of the electric service company and the city
manager, and said relocation shall be in conformance with applicable codes and
requirements. All gas, water, sewer and other service lines shall be shut off and
capped or otherwise controlled at or outside of the moving or demolition area or curb
line before moving or demolition work is commenced. In each case, the service
company and the city manager shall be notified in advance and their approval
obtained by the permittee or property owner in compliance with applicable codes and
requirements. Exception: If it is necessary to maintain any water or other lines during
the moving or demolition process, such lines shall be temporarily relocated or
protected with substantial covering to the satisfaction of the utility companies' city
manager and in conformance with applicable codes and requirements. (2007 Code
§ 11-60)
Section 7. Section 14-2-7 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-7: INSURANCE REQUIREMENTS:
A. Insurance Required:
1. Before a permit may be issued for the moving of a building, the applicant therefor
shall have filed a certificate of comprehensive public liability insurance with
coverage limits of not less than $1,000,000 per occurrence and $2,000,000
general aggregate.
2. In all other cases where a permit is required by this chapter, a certificate of
comprehensive public liability insurance shall be provided with coverage limits of
not less than $1,000,000.
3. Permittee’s Insurance: The permittee shall not commence work under this chapter
until the permittee has obtained all insurance required under this subsection.
Certificates of insurance shall be filed with the city manager for approval.
4. The permittee shall require subpermittees, if any, not protected under the
permittee’s insurance policies to take out and maintain insurance of the same
nature and in the same amounts as required of the permittee for comprehensive
liability insurance. The permittee shall not allow any subpermittee to commence
work until all similar insurance required for the subpermittee has been so obtained
and approved.
Section 8. Section 14-2-8 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
14-2-8: SPECIAL REQUIREMENTS:
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A. Compliance With Regulations Applicable To Moving Buildings: Every person, firm or
corporation obtaining a moving or demolition permit or a permit for the use of streets
or public property shall comply with and faithfully observe and obey all applicable
regulations and ordinances of the city, now existing or hereafter enacted and all other
applicable laws now existing or hereafter enacted affecting or relating to the moving
of houses, buildings, or other structures upon or across public property.
B. Payment Of Damages Or Loss To City: Every person, firm or corporation obtaining a
moving or demolition permit or a permit for the use of streets or public property shall
pay all damages or loss to the city, that may occur from any act or negligence of said
person, firm or corporation, such person's, firm's or corporation's agents or
employees, anyone under such person's, firm's or corporation's moving of houses,
buildings or other structures upon or across property.
C. Protection Of Work, Space, Materials Or Equipment: Every person, firm or
corporation obtaining a moving or demolition permit or a permit for the use of streets
or public property shall fully protect any and all work, space, materials or equipment
relating to the moving of buildings or structures upon or across public property
undertaken by principal or under such person's, firm's or corporation's direction or
supervision, or any subpermittee, as a result of such person's, firm's or corporation's
direction or supervision or by any agent or employee, or by any subpermittee and
shall pay any penalties that may be imposed during the period of any permit now
issued or to be issued during the period of said bond. The certificate of insurance for
moving buildings shall be for a term of one year. (2007 Code § 11-62)
Section 9. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 15 day of March, 2010.
/s/Roy D Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of March, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque Ice and Recreation, Inc.: City Manager recommending approval of an additional
contribution to Dubuque Ice Arena construction costs. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0.
Request for Work Session: City Manager requesting City Council direction regarding a work
session on the proposed plans for the Dubuque Regional Airport’s passenger terminal. Motion
by Lynch to set a work session for April 19, 2010. Seconded by Braig. Motion carried 6-0.
State of the City Address: Press release regarding the State of the City Address scheduled
for Monday, March 22, 2010 at 7:00 p.m in the Council Chambers at the Historic Federal
Building. Motion by Lynch to receive and file the document. Seconded by Braig. Motion carried
6-0.
There being no further business, upon motion the City Council adjourned at 9:25 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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