3 16 20 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 16, 2020 in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Cavanagh, Resnick, Shaw, Sprank; City Man-
ager Van Milligen, City Attorney Brumwell
By telephone (COVID-19 Social Distancing): Council Members Jones and Roussell
Prior to the start of the meeting, the Fire Department d isplayed the new Mini Pumper
on 6th Street.
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update: Mayor Buol presented and read his State of Emergency Decla-
ration proclamation outlining community and organizational mandates in response to the
COVID-19 pandemic. Public Health Specialist Mary Rose Corrigan provided updated in-
formation and response activities within the City and Dubuque County. Ms. Corrigan es-
pecially noted that the local citizen call center is through the Visiting Nurse Association at
563-556-6200 adding that persons believing they have the virus shoul d first call their
health care provider for specific instructions. Ms. Corrigan then responded to questions
from the City Council.
PROCLAMATION(S)
1. Natural Gas Utility Workers' Day (March 18, 2020): was accepted by Mayor Buol on
behalf of the American Public Gas Association.
2. Soil & Water Conservation District 75th Anniversary (March 26, 2020): was accepted
by Mayor Buol on behalf of the Dubuque Soil & Water Conservation District.
3. Census Day (April 1, 2020): was accepted by Assistant Planner Guy Hemenway on
behalf of the Census 2020 Complete Count Committee.
4. Sexual Assault Awareness Month (April 2020): was accepted by Mayor Buol on
behalf of the Riverview Center.
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CONSENT ITEMS
The City Clerk announced an additional attachment received related to the Resilient
Community Advisory Commission documents under Consent Item #1.
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Cavanagh. Council Member Cavanagh requested that
Item #1 be held for separate discussion specific to the Resilient Community Advisory
Commission. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings 2/27, 3/2, 3/9; Commu-
nity Development Advisory Commission of 2/19; Historic Preservation Commission of
2/20; Housing Commission of 2/25/20; Library Board of Trustees of 1/23; Resilient Com-
munity Advisory Commission of 3/5 with Attachments; Zoning Advisory Commission of
3/4; Zoning Board of Adjustment of 2/27; Proof of Publication for City Council Proceedings
of 2/10, 2/17, 2/24, 2/26, 2/27. Motion by Resnick to receive and file the documents. Se-
conded by Cavanagh. Council Member Cavanagh stated that he had received corre-
spondence in opposition to the automated refuse col lection and asked about possible
updates to the budget on the issue. City Manager Van Milligen staff had meet and re-
viewed the RCAC’s recommendations, and that the budget documents will include the
recommendation modifications. Motion carried 7-0.
2. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 82-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 82-20
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR
PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn t o pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 2020 Census Trilingual Utility Bill Insert: City Manager providing a copy of the four-
page brochure on the 2020 Census, featuring information in English, Marshallese, and
Spanish, being mailed with City of Dubuque utility bills from March 18 through April 9. The
goal of the publication is to encourage all Dubuque residents to participate in the Census
to ensure a complete count. Upon motion the documents were received and filed. Upon
motion the document was received and filed.
4. Congressional Delegation Correspondence Regarding Infrastructure Bill: Mayor Roy
Buol's correspondence to Federal Legislators urging p assage of national infrastructure
legislation. Upon motion the documents were received and filed.
5. Acceptance of 17th Street Storm Sewer Improvements Project - Elm Street to Heeb
Street: City Manager recommending acceptance of the construction contract and approv-
ing the Final Schedule of Assessments for the 17th Street Storm Sewer Improvements
Project (Elm to Heeb), as completed by Langman Construction. Upon motion the docu-
ments were received and filed, and Resolution No. 83-20 Accepting the 17th Street Storm
Sewer Improvements Project (Elm to Heeb Streets) an d authorizing the payment of the
contract amount to the contractor; and Resolution No. 84-20 Adopting the final Assess-
ment Schedule for the 17th Street Storm Sewer Improvements Project (Elm to Heeb
Streets) were adopted.
RESOLUTION NO. 83-20
ACCEPTING THE 17TH STREET STORM SEWER IMPROVEMENTS PROJECT (ELM
TO HEEB) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the 17th Street Storm Sewer Improve-
ments Project (Elm to Heeb) (the Project) has been completed by the contractor, Lang-
man Construction, Inc. (Contractor), and the City Engineer has examined the work and
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $3,964,080.11; and
Whereas, the Contractor has previously been paid $3,765,876.10, leaving a balance
of $198,204.01; and
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Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Director of Finance and Budget is hereby directed to pay the balance
of the retainage of $198,204.01 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter
26.13.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 17TH STREET
STORM SEWER IMPROVEMENTS PROJECT (ELM TO HEEB)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 17th Street Storm Sewer Improvements Project (Elm to Heeb) has been
performed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $4,558,692.13.
Dated this 6th day of March 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 6th day of March 2020.
/s/Kevin S. Firnstahl, City
RESOLUTION NO. 84-20
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 17TH STREET STORM
SEWER IMPROVEMENTS PROJECT (ELM TO HEEB)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. After full consideration, the Final Schedule of Assessments as shown on the
attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the 17th Street Storm
Sewer Improvements Project (Elm to Heeb).
Section 2. There is hereby assessed and levied as a special tax against and upon each
of the benefited properties, the respective sums indicated. The amounts shown in said
Final Schedule of Assessments as deficiencies are found to be proper and levied condi-
tionally against the respective properties benefited by the improvements as shown in the
Final Schedule of Assessments, subject to the provisions of Io wa Code § 384.63. Said
assessments against said lots are hereby declared to be in proportion to the special ben-
efits conferred and not in excess of twenty-five percent of the value of same.
Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of
Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of
said certification once each week for two consecutive weeks in the manner provided in
Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from
the date of filing of the Final Schedule of Assessments. On or before the date of the
second publication of the notice, the City Clerk shall also mail a copy of said notice to
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property owners whose property is subject to assessmen t, as provided in Iowa Code §
384.60.
Section 4. The assessments may be paid in full or in part without interest at the office
of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30
days after the date of the first notice of the Final Schedule of Assessments. Thereafter,
unpaid assessments of $500.00 or more are payable in 15 annual installments at the
County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque,
Iowa, and will draw annual interest at three percent (3%) computed to December 1 next
following the due dates of the respective installments as provided in Section 384.65 of
the Code of Iowa. Each installment will be delinquent from October 1 following its due
date on July 1 of each year. However, when the last day of September is a Saturday or
Sunday, that amount shall be delinquent from the second business day of Octob er. De-
linquent installments will draw the same delinquent interest as ordinary taxes. Property
owners may elect to pay any annual installments semi-annually in advance.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Certified Local Government (CLG) Grant Agreement - Eagle Point Park Phase 1
Archeology Survey: City Manager recommending approval of a Fiscal Year 2020 grant
agreement through the Certified Local Government grant program b y the State Historic
Preservation Office under the Iowa Department of Cultural Affairs for Continued Preser-
vation Planning at Eagle Point Park with a Phase I Archaeology Survey. Upon motion the
documents were received and filed, and Resolution No. 85-20 Approving CLG Grant
Agreement with the Iowa Department of Cultural Affairs for continued preservation plan-
ning at Eagle Point Park was adopted.
RESOLUTION NO. 85-20
APPROVING CLG GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CUL-
TURAL AFFAIRS FOR CONTINUED PRESERVATION PLANNING AT EAGLE POINT
PARK
Whereas, the State Historic Preservation Office under the Iowa Department of Cultural
Affairs has allocated Certified Local Government (CLG) Program grant funds for projects
that help to preserve, conserve, interpret, enhance, and educate the public about Iowa’s
historical assets; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for educating the community about the benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the
FY 2020 CLG Grant Agreement with the Iowa Department of Cultural Affairs for Continu-
ation of the Phase 1 Archaeology Survey at Eagle Point Park.
Section 2. The Planning Services Manager is hereby authorized as the project man-
ager for the CLG project.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
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Attest: Kevin S. Firnstahl, City Clerk
7. Request for Proposals - Parking Ramp Maintenance Needs Assessment Project:
City Manager recommending authorization to release a Request for Proposals for engi-
neering services related to conducting a maintenance needs assessment for each of the
City’s seven parking structures and that the City Manager be authorized to negotiate an
agreement with the recommended consultant. Upon motion the documents were re-
ceived, filed, and approved.
8. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Waste Mini mization
Grant for Multicultural Family Center Expansion: City Manager recommending approval
of a waste minimization grant application to the Dubuque Metropolitan Area Solid Waste
Agency for the Multicultural Family Center expansion. Upon motion the documents were
received, filed, and approved.
9. Metx, LLC - Second Amendment to Development Agreement: City Manager recom-
mending approval of the Second Amendment to Development Agreement with Metx, LLC,
which extends the completion date of the minimum improvements to September 30, 2020.
Upon motion the documents were received and filed, and Resolution No. 86-20 Approving
the Second Amendment to Development Agreement between the City of Dubuque, Iowa
and Metx, LLC was adopted.
RESOLUTION NO. 86-20
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND METX, LLC
Whereas, the City of Dubuque, Iowa (City) and Metx, LLC (Developer) entered into a
Development Agreement dated for reference purposes the 12th day of October 2017, as
amended by First Amendment to Development Agreement dated the 4th day of November
2019; and
Whereas, City and Developer desire to amend the Development Agreement as set
forth in the attached Second Amendment to Development Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Second Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA THAT:
Section 1. The City of Dubuque hereby approves the Second Amendment to Develop-
ment Agreement between the City of Dubuque and the Metx, LLC.
Section 2 The Mayor is authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. National League of Cities Census Rapid Response Grant Proposal : City Manager
recommending approval to submit a Census Rapid Response Grant proposal to the Na-
tional League of Cities to reach historically undercounted populations for the Census 2020
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Complete Count campaign. Upon motion the documents were received, filed and ap-
proved.
11. 2020 AmeriCorps Creating Opportunities Teen Grant Application : City Manager
recommending approval of the 2020 AmeriCorps Formula Grant application recently sub-
mitted to the Iowa Commission on Volunteer Services and now submitted to the Corpo-
ration for National and Community Service. Upon motion the documents were received,
filed, and approved.
12. Memorandum of Understanding with Operation New View for TBRA Grant Admin-
istration: City Manager recommending approval of a Memorandum of Understanding with
Operation New View to ensure the Tenant-Based Rental Assistance grant received by
Operation New View is administratively viable and supported. Upon motion the docu-
ments were received and filed, and Resolution No. 87-20 Approving a Memorandum of
Understanding between the City of Dubuque and Operation New View for Administrative
Assistance under the Tenant-Based Rental Assistance Program was adopted.
RESOLUTION NO. 87-20
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DUBUQUE AND OPERATION NEW VIEW FOR ADMINISTRATIVE ASSISTANCE UN-
DER THE TENANT-BASED RENTAL ASSISTANCE PROGRAM
Whereas, Operation New View received a Tenant-Based Rental Assistance Grant from
the Iowa Community Action Associations; and
Whereas, to administer the grant Operation New View requires assistance from the
Housing & Community Development Department; and
Whereas, Operation New View is a City partner able to help meet the housing needs
of residence with the Tenant-Based Rental Assistance Program; and
Whereas, Operation New View will enter into a memorandum of understanding agree-
ing to provide the Tenant Based Rental Assistance program to City of Dubuque residents;
and
Whereas, the City of Dubuque will provide referrals, Rent Reasonableness Assess-
ments, Inspections, and a Utility Allowance calculation to Operation New View to help
assist those residents with housing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Memorandum of Understanding is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute such Memorandum
of Understanding on behalf of the City of Dubuque, Iowa.
Section 3. The City Council grants the authority to the City Manager or the City Man-
ager’s designee to manage the agreement and act in accordance with the terms of the
agreement.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. TripSpark - Ranger Purchase: City Manager recommending approval to purchase
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17 Rangers from TripSpark for the Jule’s Fixed Route Automatic Vehicle Locator System.
Upon motion the documents were received, filed, and approved.
14. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of programming changes on or about March 31, 2020. Upon motion the doc-
uments were received and filed.
15. Imagine Dubuque Implementation - Approval of Coordinators: City Manager trans-
mitting the approved list of City staff and community partners identified to serve as Coor-
dinators for the 110 recommendations that will implement the Imagine Dubuque Compre-
hensive Plan. Upon motion the documents were received and filed.
16. Signed Contract(s): ChargePoint, Inc. cloud plan and assure maintenance and
management plan for the electric vehicle charging stations for the Intermodal Ramp. Upon
motion the documents were received and filed.
17. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 88-20 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 88-20
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspec ted and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Renewals
BP 1450 Loras Blvd. Class E Liquor, Class B
Wine, Class C Beer (Sunday)
Chopper's 601 Rhomberg Ave. Class C Liquor License (Sun-
day)
Eagles Club 1175 Century Dr. Class C Liquor (Sunday)
Easy Street 30 Main St. Class C Liquor License (Out-
door) (Sunday)
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Fareway Stores, Inc. 2050 J.F. Kennedy Blvd. Class E Liquor, Class C Beer,
Class B Wine
Main Street Social 123 Main St. Class C Liquor (Sunday)
Phoenix Theatres 555 J.F. Kennedy Rd. 105 Class C Liquor (Sunday)
Salsa's Mexican Rest. 1091 Main St. Class C Liquor (Sunday)
Sportsters Pub & Grub 2600 Central Ave. Class C Liquor (Sunday)
The Venue 285 Main St. Class C Liquor (Sunday)
The Wolfhound 1103 Iowa St. Class C Liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees 810 Iowa St. Special Class C Liquor (Out-
door)
New
Hy-Vee Fast and Fresh
Express #2
2435 NW Arterial Class E Liquor, Class C Beer,
Class B Wine
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Shaw to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Intent to Dispose of Property at 2 320 Mineral Street: City Manager recommending
that the City Council set a public hearing for April 6, 2020, for the purpose of disposing of
City-owned real property located at 2320 Mineral Street to Danielle K. Atchison. Upon
motion the documents were received and filed and Resolution No. 89-20 Intent to dispose
of an interest in City of Dubuque real estate, setting a time and place of hearing and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on April 6, 2020 in the Historic Federal Building.
RESOLUTION NO. 89-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
DANIELLE K. ATCHISON, SETTING A TIME AND PLACE FOR HEARING, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 2320 Mineral Street (the Property)
legally described as:
Lot 7 in East Street Subdivision, in the City of Dubuque, Iowa, according to the rec-
orded plat thereof (the Property); and
Whereas, City acquired the Property by petition as an abandoned property for the pur-
pose of its restoration and re-sale for owner-occupied housing; and
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Whereas, City received an offer to purchase the property from Danielle K. Atchison;
and
Whereas, by accepting the selected offer the City’s objectives of providing homeown-
ership to an income qualified buyer and rehabilitation of a vacated home can be realized
and is consistent with the City goal of creating opportunities for affordable home owner-
ship.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque, Iowa, proposes to dispose of its interest in the above
described real estate to Danielle K. Atchison for the sum of $150,000.
Section 2. The City Council shall conduct a public hearing on the proposed disposition
of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6 th
Street, Dubuque, Iowa on the 6th day of April 2020 beginning at 6:30 p.m.
Section 3. The City Clerk be and is hereby authorized and directed to publish notice of
the public hearing in the form attached hereto, according to law.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Building Code and Advisory Appeals Board: One, 3-Year term through August 1,
2021 (Vacant At-Large term of Luchsinger) Applicant: George Cooley, 2255 Francis St.
(Qualifies as At-Large Applicant)
2. Zoning Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term
of Belmont). Applicant: Matthew Mulligan, 1167 Hunters Ridge.
Appointments were made to the following Boards and Commissions.
3. Mechanical and Plumbing Code Board: Two, 3-Year terms through March 16, 2023
(Expiring terms of Giese and Muhlack). Applicants: Tom Giese, 395 Villa St.; and Dieter
Muhlack, 2464 Matthew John Dr. Motion by Shaw to appoint Mr. Giese and Mr. Muhlack
to 3-year terms through March 16, 2023. Seconded by Cavanagh. Motion carried 7-0.
4. Zoning Board of Adjustment: One, 5-Year term through March 25, 2025 (Expiring
term of Ahlvin). Applicant: Keith Ahlvin, 264 S. Grandview Ave. Motion by Cavanagh to
appoint Mr. Ahlvin to the 5-year term through March 25, 2025. Seconded by Shaw. Motion
carried 7-0.
PUBLIC HEARINGS
1. Planned Unit Development (PUD) Amendment 1100 Carmel Drive: Proof of publi-
cation on notice of public hearing to consider approval of a request from IIW, P.C., Cody
11
T. Austin / BVM-PHS Senior Housing Inc., to amend the PUD Planned Unit Development
District at 1100 Carmel Drive to accommodate a secondary emergency access for a sen-
ior living community, and the Zoning Advisory Commission recommending approval. Mo-
tion by Resnick to receive and file the documents and that the requirement that a pro-
posed ordinance be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be passed be suspended . Seconded by Shaw. Developer
representative Sr. Terri Hadrow, BVM of Mt. Carmel, and Mike Jansen of IIW Engineering
and Design described the project history, details, and the purpose of the request. Plan-
ning Services Manager Laura Carstens provided a staff report. M s. Carstens distributed
a handout and responded to questions from the City Council regarding the infeasibility of
alternate routes, required fire codes that must be met, and how any future changes to the
proposal must be met with Council approval.
Kris and Greg Gorton, 1845 S. Grandview Avenue; Mark Supple, 1050 Shady Oaks
Drive; and Dawnell Gordon, 1023 Shady Oaks Drive, spoke in opposition to the amend-
ment citing excessive stormwater runoff, increased pedestrian traffic and possible vehic-
ular traffic, and further exploration of alternate routes. Ms. Gorton and Mr. Supple pro-
vided handouts. The City Clerk acknowledged email correspondence received during the
meeting from Kaylin Bodine, Kathy Bodine, and Jolene Horsfield, in opposition to the
amendment. (Emails from Thomas King, III, 1081 Shady Oaks Drive; and Mark Supple,
1056 Shady Oaks Drive, opposing the amendment were distributed to Council prior to the
start of the meeting). Zoning Advisory Commission Chair Martha Christ, City Engineer
Gus Psihoyos, Fire Marshall Mark Burkle, City Manager Van Milligen, and IIW Repre-
sentative Mike Jansen provided rebuttal. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 12-20 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
repealing Ordinance No. 29-18 and adopting an Amended PUD Planned Unit Develop-
ment with a PR Planned Residential designation, and Conceptual Development Plan to
accommodate a secondary emergency access for the development of a senior living com-
munity. Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY REPEALING ORDINANCE 29-18 AND ADOPTING AN
AMENDED PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDEN-
TIAL DESIGNATION, AND CONCEPTUAL DEVELOPMENT PLAN TO ACCOMMO-
DATE A SECONDARY EMERGENCY ACCESS FOR THE DEVELOPMENT OF A SEN-
IOR LIVING COMMUNITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by repealing Ordinance 29-18 and adopting an amended
PUD Planned Unit Development District with a PR Planned Residential designation, and
a revised conceptual development plan to accommodate a secondary emergency access,
a copy of which is on file with the Planning Services Department, for the property at 1100
Carmel Drive as depicted in the attached Exhibit No. 1.
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Section 2. Attached hereto and made a part of this zoning reclassification approval is
the Conceptual Development Plan for the Mount Carmel Planned Unit Developm ent
marked Exhibit A. 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 pat-
terns, grades, and usable building sites. The general plan layout, including the relation-
ship of land uses to the general plan framework and the development requirements shall
be used as the implementation guide. The provisions of the City of Dubuque Unified De-
velopment Code shall apply to the development of the property included in this Planned
Unit Development unless specifically regulated by this Ordinance.
A. Use Regulations
Permitted Uses
1. Cemetery, Mausoleum, Columbarium
2. Hospice
3. Housing for the elderly or persons with disabilities
4. Library
5. Licensed adult day services
6. Multiple-family dwelling*
7. Nursing or convalescence home
8. Parking structure
9. Off-street parking
10. Place of religious exercise or assembly
11. Single-Family Dwelling (detached)*
12. Two-Family Dwelling (duplex)*
13. Townhouse*
* Limited to Seniors or Persons with Disabilities
Conditional Uses: Subject to the provisions of Section 16-8.5 of the Unified Develop-
ment Code.
1. Group homes
2. Keeping of horses or ponies
3. Licensed childcare center
4. Museum
5. Seminary
Accessory Uses: Subject to provisions of Section 16-3.8 of the Unified Development
Code.
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Detached garage
3. Fence
4. Garage sales
5. Keeping of hens
6. Home-based businesses
7. Non-commercial garden greenhouse or nursery
8. Satellite receiving dish
9. Solar collector
10. Sport, recreation, or outdoor cooking equipment
11. Storage building
12. Tennis court, swimming pool, or similar permanent facility
13
13. Wind turbine (building-mounted)
B. Bulk Regulations
(1) Minimum building and/or garage setback from public right-of-way or edge of
pavement
(2) Where no lot lines exist, 20 feet of clearance is required between buildings.
(3) Includes easements, setbacks, wooded areas, and landscape buffers, internal
roadway setbacks, and parking area landscape, excludes all hardscape.
(4) Figure 1.2: PUD Setback Requirements
(5) Setback calculated from edge of pavement on private drives.
(6) See Figure 1.3: PUD landscape and Open Space Requirements.
C. Roadways
The private roadways in this PUD shall conform to the City of Dubuque Unified Devel-
opment Code and SUDAS as adopted by the City.
D. Parking
1. Parking Requirements
Parking areas shall accommodate sufficient parking while minimizing im pervious
surfaces and the visual impact of large lots. Parking requirements will follow city stand-
ards as outlined in the City of Dubuque Unified Development Code (Section 14-6 Off-
Street Parking Requirements).
Minimum lot area
▪ Single-Family Residential
▪ Two-Family (duplex)]
▪ Townhouse
▪ Multi-family dwellings
5,000 square feet
5,000 square feet
1,600 square feet/du
2,000 square feet/du
Minimum lot frontage width
Minimum lot frontage townhouse
50 feet
16 feet/du
Maximum building coverage 40%
Maximum building height
▪ Number of stories
▪ Height
4
60 feet
Minimum yards
▪ Front
▪ Side (2)
▪ Rear
25 feet (1)
10 feet
20 feet
Open Space Requirements
▪ Minimum permeable open space (3)
40%
Setback requirements (4)
▪ Internal roadway setbacks (5)
▪ Site perimeter setback (6)
25 feet
25 feet
Landscape buffer requirements (6)
▪ site perimeter landscape buffer
25 feet
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2. All surface parking lots shall be designed to:
• Integrate and link existing parking areas with new parking areas for im-
proved pedestrian and auto circulation.
• Accommodate pedestrian routes through parking areas to building en-
trances.
• Accommodate snow removal and storage.
• Comply with City lighting standards and minimize impact on surrounding
properties.
3. All parking structures shall be designed to:
• Comply with City requirements for vehicular and pedestrian access, ADA
compatibility, safety, lighting, and ventilation.
• Clearly identify with signage all pedestrian and vehicular entrances to park-
ing structures.
• Integrate ample floor-to-ceiling heights to maximize light and visibility and
accommodate a wide variety of vehicle sizes.
• Incorporate where feasible, flat floors to minimize driver confusion and
maximize light, visibility, and safety.
• Integrate into land contour and grading opportunities to minimize above
grade height and mass when appropriate.
All parking areas shall comply with the landscape standards set forth in
Section F: Landscape Standards.
4. Dimensional Requirements
Minimum parking stall dimensions shall be 8.5’ x 18’ with 24’ drive aisles to accom-
modate two-way traffic. Accessible parking space requirements shall adhere to stand-
ard outlined in the City of Dubuque Unified Development Code (Section 14-7 Accessi-
ble Parking Space Requirements).
5. Bicycle Parking
Bicycle parking shall be considered and placed in safe, convenient locations near
building entrances and comply with Section 16-13-3.5.1 of the Unified Development
Code.
E. Loading and Service Areas
The visual impact of loading and service areas on a building, site or adjacent sites and
uses should be minimized. Loading and service areas are not allowed in the right-of-way
or within any setbacks.
1. All loading and service areas shall be designed to:
Provide access to a street or alley in a manner that will create the least possible
interference with through traffic movements. No curb cut shall exceed 30 feet in width.
2. Accommodate maneuvering space to allow vehicles to access and exit the space
without having to make backing movements on or into a public or private street.
3. Provide fixed lighting that prevents direct glare of beams onto any other property
or street by the use of luminaire cutoffs. All lighting shall be reduced to security levels
at all times of nonuse.
4. Have masonry or other screening materials that complement materials used on
campus buildings, and that are effective in every season.
5. Comply with the landscape screening requirements set forth in Section F: Land-
scape Standards.
15
6. Outside storage of materials, equipment or trucks shall be kept to a minimum and
located in areas that are screened from views by a permanent, solid and year-round
screening element. Sharing of loading, trash and utility areas between buildings shall
be considered for ease of maintenance, to reduce land needed for such functions and
to improve the visual quality of the Campus.
F. Landscape Standards
1. General Description and Intent
The natural character of the site should be preserved and enhanced as campus land
use changes. Site landscaping will be designed in a naturalized pattern to complement
the bluffs, ravines, and other natural features of the site, work with the architectural
form of buildings, provide shade, create outdoor space s for employees, residents and
visitors, and buffer parking lots. These landscape standards build on elements of the
City of Dubuque Unified Development Code to provide landscape requirements for
plant material, parkways and site buffer and parking lot treatments that:
• Preserve or enhance the appearance and character of the property and its
surroundings.
• Reduce noise and air pollution, light glare, soil erosion and solar heat gain.
• Provide buffering between land uses and zoning districts of differing inten-
sity.
• Promote the preservation of existing significant vegetation.
• Improve the appearance of parking areas and properties abutting public
rights-of-way.
2. Landscape Requirements
Overall Site Landscape Requirements
Minimum permeable open space will be calculated at 40 percent of the entire site
dedicated under review.
• Permeable open space calculations may include easement areas, perime-
ter setbacks, woodlands, landscape buffers, internal roadway setbacks
(parkways), and parking lot landscape.
• Minimum site landscape plant quantities shall be calculated at one plant
per unit per 2,000 square feet of site landscape area.
• Street trees planted in the parkway or in the public right-of-way shall not be
counted toward fulfillment of the minimum site requirements fo r number of
trees.
• Parking lot landscape requirements shall not be counted toward fulfillment
of the minimum site requirement for number of trees.
• Existing trees to be retained on site may be counted toward fulfillment of
the landscaping requirements.
3. Plant Units
A plant unit is a measurement used to determine the quantity of plant material re-
quired for screening and shading. One plant unit is comprised of any of the following
elements:
• One canopy tree
• Two under-story or ornamental trees
• Two evergreen trees
• Seven shrubs (large or small, deciduous or evergreen)
16
Plant unit calculations establish the total quantity of required plant material
while allowing the landscape architect flexibility in allocating and distributing
plant material. Existing plant material protected during construction may be
used to satisfy the plant material requirements provided the type and size of
the plant material meets the plant material standards and the plant material is
not an invasive or noxious variety.
4. Perimeter Buffer Landscape Requirements
Perimeter buffer landscape will help create a transition from the adjacent residential
uses on the north and west to the campus. Plant material shall consist of a variety of
deciduous and evergreen trees and shrubs as shown in Figure 2.1: Typical Perimeter
Buffer Planting. A minimum total of three (3) plant units per 100 linear feet of buffer
shall be installed.
• Only required access drives and sidewalks shall break through a perimeter
landscape open space.
• Every perimeter buffer landscape open space shall be designed and main-
tained to preserve unobstructed views of the street and sidewalk at points
of access and to not interfere with or be damaged by work within any public
utility easement, unless the City shall determine that no other location is
reasonably feasible.
5. Parkway Landscape Requirements
A consistently planted parkway will add to the overall Campus character by providing
an appealing arrival sequence and uniform experience around, into and through the Cam-
pus. All streets shall include 2 canopy trees per 100 feet of road frontage. These tre es
may be located in closer proximity to each other to create clustering or massing of plant
material instead of a consistent on-center planting approach as long as they are located
within the roadway setback, see Figure 2.2: Typical Parkway Planting.
6. Parking Lot Landscape Requirements
The following are standards for the design of parking lot interior and perimeter land-
scape areas which build upon the standards defined in the City of Dubuque Unified
Development Code. Figure 2.3: Typical Parking Lot Planting reflects a minimum treat-
ment for a typical parking lot.
• Parking bays in excess of 11 spaces in length shall provide landscaped
islands at the ends of each aisle. Parking bays in excess of 20 spaces in
length shall be divided by intermediate landscaped islands and provide
landscaped islands at the ends of each aisle.
• A landscaped island for a single parking bay shall be a minimum of 9 feet
wide by 18 feet long and shall contain the equivalent of two (2) plant units.
• A landscaped island for a double-parking bay shall be a minimum of 9 feet
wide by 36 feet long and shall contain the equivalent of four (4) plant units.
• If the required planting ratio is not obtainable in a heal thy landscape envi-
ronment, then the remaining plant material required by this calculation may
be placed in close proximity of the parking lot. This additional area should
be integrated with the parking lot perimeter landscape.
• All parking lot landscape areas shall be protected by raised curbs with a
minimum height of 4 inches.
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• Except for in swales, the finished grade (crown) or interior planting areas
shall not be less than 3 inches above curb or pavement.
• A landscaped buffer strip shall be provided along the frontage of all surface
parking areas at least 10 feet wide along the public right-of-way. The buffer
strip shall be planted with a minimum of 7 plant units per 100 linear feet of
buffer. Landscaped earth berms and or decorative walls and fences are
permitted provided they are integrated with the landscape screening de-
scribed above. The use of biofiltration methods of landscape and drainage
design is encouraged.
• A landscaped buffer strip of at least seven feet wide shall be provided along
the remaining sides of all surface parking lots. The buffer strip shall be
planted with a minimum of 5 plant units per 100 linear feet.
• Prior to planting, all interior areas shall be excavated to a depth of 3 feet
and amended with a soil mixture consisting of 1 part screened topsoil, 1
part existing topsoil, and 2 parts of organic compost or an approved equiv-
alent, with the exception of other soil mixtures as necessary to accommo-
date Low Impact Development features. This requirement may be waived
upon confirmation by the City Planner that the pre-existing soil is suitable
for planting and drainage, and that no amendments are necessary.
• All landscaped areas that are not planted in grass shall be finished with a
3-inch layer of mulch.
7. Intersection Visibility
In accordance with the requirements of the City of Dubuque Street Tree and Land-
scaping on Public Right-of-Way Policy, nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to impede or obstruct vision between a height of
3 to 10 feet above the road crown in areas adjacent to intersecting streets, drives or
alleys. This area is defined by:
• Trees shall be planted at least fifty (50) feet from the edge of street inter-
sections, traffic control lights and stop signs;
• at least ten (10) feet from driveways;
• and fifteen (15) feet for alleys;
• Trees shall be planted at least two feet from the back of curb.
8. Plant Materials
Plant material used to satisfy the standards of this section shall comply with the
following standards:
• Unless otherwise expressly provided, all plant materials used to satisfy the
requirements of this section shall meet the following minimum size require-
ments:
Plant Type Minimum Size
Canopy Tree 2-1/2” caliper
Under-story or ornamental tree 2” caliper or 8’ height
Evergreen tree 8’ height
Deciduous shrub 18” height (small), 30” height (large)
Evergreen shrub 24” width
• Species of plant material shall require approval from the City.
18
• Plants installed to satisfy the requirements of this section shall meet or ex-
ceed the plant quality standards of the most recent edition of American
Standard for Nursery Stock, published by the American Association of
Nurserymen. Plants shall be capable of withstanding the extremes of indi-
vidual microclimates.
• All required landscape areas not dedicated to trees, shrubs, or preservation
of existing vegetation shall be landscaped with grass, ground cover, or
other landscape treatment, not including sand, rock, or pavement.
• For each plant type associated with the landscape requirements of this
section, no single plant species shall represent more than 40% of the tota l
plantings.
• Plant material shall be installed so it relates to the natural environment and
habitat in which it is placed. Native vegetation shall be utilized in all in-
stances unless site conditions or availability of species warrant the use of
cultivars or similar materials compatible with the area.
• The scale and nature of landscape material should be appropriate to the
site and structures. For example, larger scaled buildings should be com-
plemented by larger scaled plants. Plant material should be selecte d for its
form, texture, color, and concern for its ultimate growth.
9. Tree Survey and Preservation Plan
As part of any development plan submission, a tree survey shall be conducted by a
certified arborist. The survey shall delineate the limits of all vegetated woodland areas
on site. All specimen trees not located in vegetated woodland areas that measure 8”
or greater at Direct Breast Height (DBH) shall be tagged, identified and recorded.
Based on this tree survey, all trees in below average or poor co ndition, of a noxious
species, or that measure less than 8” DBH can be removed from the property at the
discretion of the owner to assist in providing a healthier grow ing environment for the
existing tree stands.
The tree inventory shall rate tree condition and form as follows:
• 5 – POOR CONDITION: A rating of 5 shall be given to a tree that has a
significant deadwood, bad sweep or lean, disease or damage by insect
pests or larvae, lightning damage, split, or other physical damage.
• 4 – BELOW AVERAGE CONDITION: A rating of 4 shall be given to a tree
that has some deadwood, minor sweep or lean, distorted shape, trunk of
bark damage, multiple stems, or poor physical quality.
• 3 – FAIR CONDITION: A rating of 3 shall be given to a tree that is average
in condition, form, physical state, appearance, and health.
• 2 – ABOVE AVERAGE: A rating of 2 shall be given to a tree that has little
or no damage, sound, good shape and form, and is good in overall physical
quality.
• 1 – EXCELLENT CONDITION: A rating of 1 shall be given to a tree that is
excellent in appearance, condition and form, balanced branching and
healthy.
The following tree species identified are considered noxious:
• Buckthorn
The following tree species identified are considered undesirable:
19
• Box Elder
• Siberian Elm
• White Mulberry
The preservation of existing healthy trees and natural landscape features on a
site is encouraged. The number of new plant materials may be reduced wh en ex-
isting trees of a desirable species in a healthy growing condition are preserved
within the area of the perimeter landscape or open space. Credit for the preserva-
tion of existing trees 8 inches in caliper (deciduous or 8 feet in height (evergreen)
shall be as follows, but in no instance shall a developer or property owner receive
greater than a maximum of 50% credit towards the number of required trees:
Size of Preserved Tree Tree Credit
1 canopy or under-story tree, 6” to 12” caliper
1 evergreen tree or multi-stem under-story tree, 6’-12’ 3 trees
1 canopy or under-story tree, 12” to 30” caliper
1 evergreen tree or multi-stem under-story tree, more than 12’ height 4 trees
1 canopy tree or under-story tree, more than 30” caliper 5 trees
10. Vegetative Woodland Preservation
Wooded areas 2 acres in size or larger, or groves of trees with 10 or more individual
trees having a diameter of at least 12 inches and a canopy cover of at least 50 percent
of the area encompassed by the trees shall be delineated on the submitted plans. Such
woodlands shall have 20% retention protected.
All woodland areas retained must have a buffer of 50’ from the trunks of trees to be
preserved, to protect the trees. If the City determines that a required woodland area
cannot be retained due to site constraints or infrastructure requirements, replacement
trees must be planted at a rate of one tree for every 200 square feet of woodland
removed from the retention area. When that is not feasible, mitigation may take place
by planting supplemental trees at an off-site woodland approved by the City.
Exceptions
With the incorporation of Best Management Practices (BMPs), Low Impact De-
velopment practices (LIDs) or other Sustainable Design practices into the project,
the required landscaping may be reduced or arranged in a manner that will enhance
the design concept at the discretion of the City of Dubuque.
Considerations shall include the following:
• Swales or bio-filters placed in islands or at the perimeter of parking areas,
designed to improve the filtration and quality of stormwater runoff.
• Proposals to modify the type or quantity of landscape materials may be
allowed in exchange for the installation of plant species such as native
trees, shrubs, grass or perennials that will enhance the filtering capacity of
the site and promote the use of diverse native species.
• Proposed swales or filters using a structural pervious surface may be used
for parking or drive aisles provided such features are designed to withstand
vehicular loads.
G. Architectural Standards
All buildings shall have a balanced, integrated design theme that strives to incorporate
solid architecture that fits within a Campus-wide character.
1. Building Scale and Massing
20
The size and orientation of buildings is critical to achieving a balanced overall Cam-
pus design. The following items shall be addressed to achieve appropriate scale and
massing.
• Rather than single, large building masses, buildings shall be clustered to-
gether where feasible to promote efficient street/driveway systems, shared
parking, integrated open spaces and pedestrian linkages between build-
ings.
• Where feasible, buildings and main entries shall be located alon g the Cam-
pus Loop Road to foster a welcoming pedestrian environment. In no in-
stance shall a building’s rear entrance or service area be oriented towards
the Loop Road or internal access drives.
• Building orientation and design elements shall encourage overa ll visual
continuity.
• To the greatest extent possible buildings shall be oriented to t ake ad-
vantage of natural light view sheds and passive solar opportunities.
2. Architectural Styles and Building Materials & Colors
Architectural styles should be carefully balanced and coordinated with the style, ma-
terials, color, and massing of other buildings seen throughout the Campus.
• A balance of proportions and scale through vertical and horizontal rhythm
and facade articulation should be set.
• Unarticulated, flat front buildings are prohibited.
• A building’s main entrance should be clearly defined within the facade.
• Building projections shall be pedestrian -scaled and proportional to the
building facade.
• Structures should be consistent with residential scale and articulation, es-
pecially on street facing elevations.
3. Building Materials
A range of acceptable building materials shall be considered to enhance architec-
tural interest and Campus character.
• All new buildings should be constructed with a blend of high -quality mate-
rials such as masonry (brick and stone) and wood. Limited amount of “glass
skin” or decorative stucco may be considered if they are considered accent
materials rather than primary materials. In addition, a limited amount of ce-
ment board siding may be used in combination with other approved mate-
rials if it is an accent rather than primary material.
• Since all future Campus buildings will be highly visible from roads, access
drives and open space, architecture should be complete and wrap all four
sides of the building. Primary building materials used on the front or main
building facade shall be continued on the side and rear facades.
• The number of materials on any exterior building face should be limited to
no more than three to avoid clutter and visual overload.
The following building materials shall not be used as exterior building mat erials or on
any exterior walls:
• Concrete finishes or precast concrete panels (tilt wall) that are not exposed
aggregate, hammered, sandblasted, or covered with a cement-based
acrylic coating.
21
• Metal panels with a depth of less than 1 inch or a thickness le ss than US
Standard 26 gauge.
Mirrored glass with a reflectance greater than 40% shall not cover more than 40% of
exterior walls.
4. Building Colors
The use of a limited range of neutral or natural colors is encouraged. Building colors
shall be compatible with the Campus character and subtly enhance a building's visual
appeal.
• Natural colors and complementary colors shall be used for primary building
facades and roof forms. Neutral earth tones (beige to brown), shades of
gray, traditional colors (brick red, dark green, navy blue) or light, subdued
hues are acceptable.
• Contrasting accent colors, which are compatible with the colors listed
above, are acceptable for secondary facades or accent colors or details.
• Primary, bright, or excessively brilliant colors are prohibited unless used in
very limited applications for subtle trim accents or specifically for art/sculp-
tural elements of a building.
• Building facade colors should be kept to two or three colors or hues of in-
dividual colors. The color of visible roof forms should also be considered
when selecting colors.
5. Sustainable Design Principles
Best management practices for efficient and sustainable development shall be
taken into consideration. The following design principles highlight areas to focus on for
future development:
• Recycled materials.
• Local source material acquisition.
• Reduced construction waste.
• Health conscious building materials and systems.
• Energy efficient materials and systems.
• Building rehabilitation.
• Stormwater Best Management Practices.
• Vegetative swales, rain gardens and expanded wetlands
• Water recapture systems
• Ground water recharge
• Low volume irrigation systems
H. Sign Standards
1. Sign Standards
a. Purpose
The purpose of these sign standards is to maintain and enhance the aesthetic
environment, maintain pedestrian and traffic safety and minimize the distractions,
hazards and obstructions caused by signs, and to minimize the possible adverse
effects of signs on nearby public and private property.
b. Sign Area, Height and Number
The size, height, and number of allowed signs shall be regu lated by Article 15-
11.13 of the Unified Development Code unless further regulated by the PUD Ordi-
nance.
22
c. Prohibited Signs
Pylon, rooftop, neon, internally illuminated awnings, fabric banners, official flags
of nations, states, or political subdivisions thereof, wooden, and electronic message
center signs are prohibited.
d. Sign Lighting
Sign illumination shall comply with the following requirements:
• Illumination of a sign within 100 feet of and visible from any property zoned
Residential shall be extinguished between the hours of 11:00 p.m. and 7:00
a.m. every day.
• Traffic signs shall comply with MUTCD regulations.
e. Location and Scale
• Signs shall not obstruct significant architectural details or elements, includ-
ing windows and doorways.
• All ground-mounted signs shall be placed within planting areas that are co-
ordinated in design for the overall site.
f. Text and Materials
Text on all signs shall be simple and easy to read. It is important that all message
wording be selected to maximize information being conveyed while using the most
concise vocabulary. A sign with a brief, succinct message is more user-friendly, and
will have a cleaner look. All directional lettering shall be a mix of upper- and lower-
case lettering with the first letter of every word capitalized. Avoid spacing letters too
close together as crowding will make the sign more difficult to read.
Signs shall be constructed of high-quality, durable materials. Brick and mortar or
natural stone bases are to be constructed with materials that complement the build-
ing architecture.
g. Exceptions
Home address or family name plaques are excluded from the above require-
ments.
h. Exterior Graphics or Art
Painting of garage doors with multiple colors or designs is prohibited. All garage
doors shall be one color, with a second color allowed for accents only.
I. Performance Standards
The development and maintenance of uses in this PUD District shall be estab-
lished in conformance with the following standards.
1. Platting: Subdivision plats and improvement plans shall be submitted in ac-
cordance with Article 11. Land Subdivision, of the City of Dubuque Unified Develop-
ment Code.
2. Site Plans: Final site development plans shall be submitted in accordance with
Article 12 Site Plans and Article 13 Site Design Standards prior to construction of
each building and vehicle-related feature unless otherwise exempted by Article 12.
3. Storm Water Conveyance: The developer of each lot shall be responsible for
providing surface or subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainage ways outside the lot in a means that
is satisfactory to the Engineering Department of the City of Dubuque. Other appli-
cable regulations enforced by the City of Dubuque relative to storm water manage-
ment and drainage shall apply to properties in the PUD District.
23
4. Noises: Noises generated within the PUD District shall be regulated by Chapter
33, Article IV, Noises, of the City of Dubuque Code of Ordinances.
5. Phased construction of buildings and parking spaces: The construction of off-
street parking spaces may be phased in proportion to the percentage of total build-
ing floor area constructed at any one time. Ground area set aside for future parking,
loading spaces or driveways or for parking provided in excess of the minimum re-
quired number of parking spaces shall not reduce the minimum required area for
open space.
6. Other Codes and Regulations: These regulations do not relieve an owner from
other applicable City, County, State or Federal Codes, regulations, laws and other
controls relative to the planning, construction, operation and management of prop-
erty in the PUD District.
J. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
K. Modifications
Any modifications of this Ordinance must be approved by the City Council in accord-
ance with zoning reclassification proceedings of Article 9-5 of the Unified Development
Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zo ning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved, and adopted this 16th day of March 2020.
/s/Roy D. Buol, Mayor
Attest:/s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20 th day of March 2020.
/s/Kevin S. Firnstahl, City Clerk
2. Cedar Street Force Main Air Vacuum Release Valve Replacement Project: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the Cedar Street Force Main Air Vacuum Release
Valve Replacement Project, and the City Manager recommending approval. Motion by
Resnick to receive and file the documents and adopt Resolution No. 90-20 Approval of
plans, specifications, from of contract, and estimated cost for the Cedar Street Force Main
Air Vacuum Release Valve Replacement Project. Seconded by Cavanagh. Motion carried
7-0.
RESOLUTION NO. 90-20
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE CEDAR STREET FORCE MAIN AIR VACUUM RELEASE
VALVE REPLACEMENT PROJECT
That the proposed plans, specifications, form of contract and estimated cost for the
Cedar Street Force Main Air Vacuum Release Valve Replacement Project, in the esti-
mated amount $135,000.00 are hereby approved.
Passed, adopted, and approved this 16th day of March 2020.
24
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Lynn Lampe. 11898 JFK Road, Dubuque Landlord Association, addressed the Council
about his ability to provide affordable housing for low-income residents; concerns with the
proposed automated garbage collection having a nega tive impact on low-income resi-
dents; and the idea of providing educational training opportunities geared for children to
learn proper cleaning and personal hygiene techniques in the wake of the COVID -19
pandemic.
ACTION ITEMS
1. Award of Contract for Eagle Point Park Environmental Restoration Project Phase 2
Bioretention Basin Construction, Tree Removal, and Native Vegetation Establishment :
City Manager recommending award of the Eagle Point Park Environmental Restoration
Project Phase 2 Bioretention Basin Construction, Tree Removal, and Native Vegetation
Establishment contract to the low bidder Mainline Excavating Co., Inc. Motion by
Cavanagh to receive and file the documents and adopt Resolution No. 91 -20 Awarding
the public improvement contract for the Eagle Point Park Environmental Restoration Pro-
ject: Phase 2) Bioretention Basin Construction, Tree Removal, and Native Vegetation Es-
tablishment. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 91-20
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT
PARK ENVIRONMENTAL RESTORATION PROJECT: PHASE 2) BIORETENTION
BASIN CONSTRUCTION, TREE REMOVAL, AND NATIVE VEGETATION ESTAB-
LISHMENT
Whereas, sealed proposals have been submitted by contractors for the Eagle Point
Park Environmental Restoration Project: Phase 2) Bioretention Basin Construction, Tree
Removal, and Native Vegetation Establishment , pursuant to Resolution No. 55-20 and
Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 20th day of February 2020; and
Whereas, said sealed proposals were opened and read on the 9th day of March 2020
and it has been determined that Mainline Excavating Co. Inc. of Dubuque, Iowa, with a
bid in the amount of $233,186.70 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 Mainline Excavat-
ing Co. Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25
2. Award of Millwork District Parking Lot #1 Project: City Manager recommending
award of the Millwork District Parking Lot #1 Project construction contract to the low bid-
der Eastern Iowa Excavating & Concrete, LLC. Motion by Resnick to receive and file the
documents and adopt Resolution No. 92-20 Awarding public improvement project for the
Millwork District Parking Lot #1 Project. Seconded by Shaw. Motion carried 7-0.
RESOLUTION NO. 92-20
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MILLWORK DISTRICT
PARKING LOT #1 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Millwork Dis-
trict Parking Lot #1 project, (the Project) pursuant to Resolution No. 54-20 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with
statewide circulation on the 19th day of February 2020.
Whereas, said sealed proposals were opened and read on the 5th day of March 2020
and it has been determined that Eastern Iowa Excavating & Concrete, LLC of Cascade,
Iowa, submitted low bid in the amount of $468,830.12, and is the lowest responsive, re-
sponsible 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 Eastern Iowa Exca-
vating & Concrete, LLC and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 16th day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title 2 Cable TV Commission: City Manager rec-
ommending approval of an amendment to the City of Dubuque Code of Ordinances Title
2 Boards and Commissions Chapter 11 to more accurately reflect the duties of the Cable
TV Commission. Motion by Resnick to receive and file the documents and that the re-
quirement 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 Shaw. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 13-20 Amend-
ing City of Dubuque Code of Ordinances Title 2 Boards and Comm issions Chapter 11
Cable Television Commission providing for the powers, operation, membership, and
meetings of the Cable Television Commission. Seconded by Shaw. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS CHAPTER 11 CABLE TELEVISION COMMISSION PROVIDING FOR
THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS OF THE CABLE TEL-
EVISION COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 2 Boards and Commissions,
Chapter 11 Cable Television Commission is amended to read as follows:
Chapter 11
CABLE TELEVISION COMMISSION
2-11-1: COMMISSION CREATED: There is hereby created the cable television com-
mission.
2-11-2: PURPOSE: The purpose of the commission is:
A. To develop, in respect to community programming, policies that will govern:
1. The use and protection of equipment and facilities;
2. The priorities and scheduling for use of channel time;
3. Other matters pertaining to community programming or cable services in Dubu-
que which may arise.
B. To develop policies and procedures regarding the public community program-
ming channels that will promote its nondiscriminatory, first come, first served and eq-
uitable use in conformity with all applicable regulations and requirements and limit such
use to residents of Dubuque and their own productions.
C. To encourage interest in and development of decidedly local community pro-
gramming.
D. To encourage cooperation and cordial relations between community program-
mers, cable subscribers, and the local cable manager and the local ca ble manager’s
staff.
E. To identify and support organizations interested in the channels reserved for pub-
lic, education, and government programming.
F. To advise the following:
1. The city manager or the city manager’s designee (collectively “the city m an-
ager”) on matters relating to community programming; and
2. The city council on expenditure of any funds designated by a franchise for PEG
equipment and facilities.
G. To promulgate and administer through the city manager all policies, rules, and
procedures relating to community programming.
H. To keep abreast of developments in cable technologies, services, and program-
ming.
I. To evaluate its own proceedings and actions and all community programming and
cable related activities.
2-11-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational pro ce-
dures as may be necessary and which are not in conflict with this code or the Iowa Code.
2-11-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations.
2-11-5: MEMBERSHIP:
A. The commission comprises five (5) residents of the city, appointed by the city
council.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications. In its appointments, the city council will endea vor to
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achieve a broad representation of the community and public interests which can take
advantage of dedicated channels to benefit the residents of the city of Dubuque and to
develop a commission versed and competent in telecommunication administration, fi-
nances, and regulation. The city council will attempt to give preference to applicants
who are actively interested in promoting community cable programming who possess,
or are willing to acquire, video production background, and who will relate to the spec-
trum of informational and cultural needs of cable viewers of the city of Dubuque and
applicants who possess professional or experiential backgrounds in law, finances, ad-
ministration, public relations, or telecommunication technologies.
2-11-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or reap-
pointment or at the city clerk’s office any time prior to the first meeting of the commission.
2-11-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner’s
successor is appointed and qualified.
2-11-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
2-11-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need not be
a member of the commission. The commissioners must fill a vacancy among its officers
for the remainder of the officer’s unexpired term.
2-11-10: MEETINGS:
A. Meetings. The commission shall meet as needed. Special meetings may be
called by the chairperson or at the written request of a majority of the commissioners.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the chair person, such ab-
sence will be grounds for the commission to recommend to the city council that the
position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each meet-
ing, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Three (3) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-11-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive reim-
bursement for necessary travel and other expenses while on official commission business
within the limits established in the city administrative policies and budget.
2-11-12: REMOVAL:
Except as provided in subsection 2-11-10(D)(1) of this chapter, the city council may
28
remove any commissioner for good cause.
2-11-13: POWERS:
The commission shall have the power, duty, and responsibility to assure that cable
channels, equipment, and resources dedicated and reserved for community programming
are used effectively, efficiently, and economically to afford the community and individuals
of the city of Dubuque the opportunity to express opinions and provide information to
cable users, and that such programming is characterized by appropriateness, quality, and
continuity.
Section 2. Nothing herein effects the term of any person serving as a commissioner as
of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of March 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20 th day of March 2020.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Shaw requested review of fee increases and budget items that alle-
viate citizen tax burden. City Manager Van Milligen stated that the City Council can review
budget items they want reconsidered at the final budget hearing. It was asked that Council
Members inform the City Clerk what items they want targeted for reconsideration.
Mr. Van Milligen added that the State is considering extending the deadline for final
certification of the budget to April 30 as a result of the COVID-19 pandemic, which could
affect the dates of the budget meetings currently scheduled.
Mayor Buol reiterated that everyone should stay safe, check on each other, and limit ex-
posure (social distancing) in response to the COVID-19 pandemic.
There being no further business, Mayor Buol declared the meeting adjourned at 9:17
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk