07 18 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on July 18, 2022, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen (virtually joined two minutes after the session
began), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a special session of the City Council
called for the purpose of conducting work sessions to receive updates from Fountain of
Youth and the Four Founds Foundation.
WORK SESSIONS (2)
1. FOUNTAIN OF YOUTH
Fountain of Youth Executive Director Caprice Jones and Operations Manager Sarah
Coble made a presentation on updates to the organization’s programs. Mr. Jones
responded to questions from the City Council following the presentation.
This work session concluded at 5:59 p.m.
2. FOUR MOUNDS FOUNDATION
Four Mounds Foundation Program Manager Becky Bodish and Executive Director Jill
Courtney made a presentation on the foundation’s past, current, and future work, and
initiatives. Ms. Courtney responded to questions from the City Council following the
presentation.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
6:16 p.m.
/s/Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 18, 2022, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen (virtually joined and experienced technical
difficulties at the beginning of the meeting), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Dubuque County Fair Week (July 26 - 31, 2022) was accepted by Dubuque County
Fairgrounds General Manager Kevin Kotz on behalf of the Dubuque County Fair
Association.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 07/05/22; Arts and
Cultural Affairs Commission of 4/26/22 and 5/24/22; Equity and Human Rights
Commission of 5/9/22; Historic Preservation Commission of 6/16/22; Zoning Advisory
Commission of 7/6/22; Zoning Board of Adjustment of 6/23/22; Proof of publication for
City Council proceedings of 6/20/22 and 6/27/22. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Patricia Quade for property damage. Upon motion the
documents were received, filed, and referred to the City Attorney .
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Bridget Heer for property damage; Patricia Quade for property damage.
Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed,
and Resolution No. 246-22 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 was adopted.
RESOLUTION NO. 246-22
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
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as
requested by designated requisitioning authorities in accordance with approved budget
appropriations.
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
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Creation of Assistant Director of Finance and Budget Position : Upon motion the
documents were received, filed, and approved.
6. Resolution Approving Fund Transfers for Capital Projects and Other Expense
Reimbursements in Fiscal Year 2022 – Period 13: Upon motion the documents were
received and filed, and Resolution No. 247-22 Authorizing the Director of Finance and
Budget to make the appropriate interfund transfers of sums and record the same in the
appropriate manner for the FY 2022 for the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 247-22
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE
APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN
THE APPROPRIATE MANNER FOR THE FY 2022 FOR THE CITY OF DUBUQUE,
IOWA
Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code
Section 384.18 and provides that the City Council shall approve all transfers of moneys
from one budgeted fund to another budgeted fund as provided in Iowa Administrative
Rules Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That t he
Director of Finance and Budget be and is hereby authorized by the City Council to make
the appropriate interfund transfer of sums and record the same in the appropriate manner
for FY 2022.
Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the
following sums and to record the same in the appropriate manner:
1. Transfer from the Special Assessments Special Revenue Fund to the General
Fund $11,944.39 to reimburse previously assessed sidewalk improvements.
2. Transfer from Special Assessments Special Revenue Fund to the Street
Construction Fund $13,941.97 to reimburse previously assessed street
improvements.
3. Transfer from Special Assessments Special Revenue Fund to the Road Use Tax
Fund $3,659.25 to reimburse previously assessed street improvements.
4. Transfer from the Special Assessments Special Revenue Fund to the Sales Tax
Increment Fund $56,771.48 to reimburse previously assessed street improvements.
5. Transfer from Special Assessments Special Revenue Fund to the Water Capital
Enterprise Fund $641.29 to reimburse previously assessed water improvements.
6. Transfer from Special Assessments Special Revenue Fund to the Sanitary Sewer
Capital Enterprise Fund $4,157.66 to reimburse previously assessed water
improvements.
7. Transfer from Special Assessments Special Revenue Fund to the Stormwater
Operating Enterprise Fund $83.94 to reimburse previously assessed stormwater
improvements.
8. Transfer from Special Assessments Special Revenue Fund to the Stormwater
Capital Enterprise Fund $1,148.94 to reimburse previously assessed stormwater
improvements.
9. Transfer from DRA Distribution Fund to the Stormwater Operating Fund
$178,000.00 for stormwater subsidies related to tax exempt entities, farms, and half
rate for income qualified.
10. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund
$261,096.30 for stormwater subsidies related to tax exempt entities, farms, and half
rate for income qualified.
11. Transfer from the General Fund to the Refuse Fund $43,333.21 for
reimbursement of 50% rate reduction.
12. Transfer from the General Fund to the Sanitary Sewer Operating Fund
$30,856.14 for reimbursement of 50% rate reduction.
13. Transfer from the General Fund to the Water Operating Fund $22,351 .89 for
reimbursement of 50% rate reduction.
14. Transfer from the Tort Liability Fund to the General Fund $20,978.71 for the cost
of liability insurance.
15. Transfer from the Trust & Agency Fund to the General Fund $115,302.58 for the
cost of employee benefits.
16. Transfer from the Stormwater Construction Fund to the General Fund
$38,349.41 for the reimbursement of Eagle Point Park Environmental Sponsorship
Project.
17. Transfer from the Greater Downtown Tax Increment Financing Fund to the
General Construction Fund $508,140.24 for the reimbursement of Tax Increment
Financing eligible expenses.
18. Transfer from the Sales Tax Construction Fund to the Airport Construction Fund
$24,756.80 for the reimbursement of capital projects.
19. Transfer from the General Fund to the Airport Construction Fund $54,050.00 for
the reimbursement of capital projects.
20. Transfer from the General Fund to the Transit Enterprise Fund $730,969.00 for
the reimbursement of capital projects.
21. Transfer from the Sales Tax Construction Fund to the Transit Enterprise Fund
$187,201.00 for the reimbursement of capital projects.
22. Transfer from the Stormwater Construction Fund to the Road Use Tax Special
Revenue Fund $92,093.00 for the reimbursement of capital projects.
23. Transfer from the Road Use Tax Special Revenue Fund to the Street
Construction Fund $24,584.00 for the reimbursement of capital projects.
24. Transfer from the Road Use Tax Special Revenue Fund to the Sales Tax
Construction Fund $38,108.00 for the reimbursement of capital projects.
25. Transfer from the Street Construction Fund to the Sales Tax Construction Fund
$758.00 for the reimbursement of capital projects.
26. Transfer from the Road Use Tax Special Revenue Fund to the General Fund
$22,319.00 for the reimbursement of capital projects.
27. Transfer from the Street Construction Fund to the Sales Tax Construction Fund
$758.00 for the reimbursement of capital projects.
28. Transfer from the General Fund to the Street Construction Fund $86,282.00 for
the reimbursement of capital projects.
29. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to
the General Construction Fund $963,374.65 for the reimbursement of Tax Increment
Financing eligible expenses.
30. Transfer from the North Cascade Housing Tax Increment Financing Fund to the
General Construction Fund $169,224.18 for the reimbursement of Tax Increment
Financing eligible expenses.
31. Transfer from the English Ridge Housing Tax Increment Financing Fund to the
General Construction Fund $141,483.19 for the reimbursement of Tax Increment
Financing eligible expenses.
32. Transfer from the North Cascade Housing Tax Increment Financing Fund to the
Water Construction Fund $434,006.90 for the reimbursement of Tax Increment
Financing eligible expenses.
33. Transfer from the English Ridge Housing Tax Increment Financing Fund to the
Water Construction Fund $240,355.00 for the reimbursement of Tax Increment
Financing eligible expenses.
34. Transfer from the South Pointe Housing Tax Increment Financing Fund to the
Water Construction Fund $75,398.67 for the reimbursement of Tax Increment
Financing eligible expenses.
35. Transfer from the Rustic Point Housing Tax Increment Financing Fund to the
Water Construction Fund $12,281.78 for the reimbursement of Tax Increment
Financing eligible expenses.
36. Transfer from the Downtown Loan Pool Special Revenue Fund to the General
Construction Fund $252,000 for the reimbursement of capital projects.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Pre-annexation Agreement – Patrick and Marion Marshall: Upon motion the
documents were received and filed, and Resolution No. 248-22 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and Patrick and Marion
Marshall was adopted.
RESOLUTION NO. 248-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND PATRICK AND MARION MARSHALL
Whereas, Patrick and Marion Marshall, the owner of the following described property
located at 10397 St Joseph Drive in Dubuque County, Iowa (the Property) have submitted
to the City Council of the city of Dubuque an application for voluntary annexation of the
Property to the City of Dubuque:
Lot 9, in “Twin Ridge” Subdivision, in Table Mound Township, Dubuque County, Iowa,
according to the Plat thereof in Book of Plats #34, page 93 (re -recorded in Book of
Plats #34, page 137, et seq.,) records of Dubuque County, Iowa
Whereas, Patrick and Marion Marshall have entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Patrick and Marion
Marshall and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Intent to apply for Cities & Counties for Fines and Fee Justice - Second Cohort
Application: Upon motion the documents were received and filed, and Resolution No.
249-22 Authorizing the application for the Cities & Counties for Fines and Fee Justice -
Second Cohort Application and authorizing the Leisure Services Manager and the City
Manager to approve the application was adopted.
RESOLUTION NO. 249-22
AUTHORIZING THE APPLICATION FOR THE CITIES & COUNTIES FOR FINES AND
FEE JUSTICE - SECOND COHORT APPLICATION AND AUTHORIZING THE
LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE
APPLICATION
Whereas, the City of Dubuque has committed to work in the area of fines and fees
reform; and
Whereas, the City of Dubuque wishes to continue this work thus seek application for
the Cities & Counties for Fines and Fee Justice - Second Cohort Application.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That the City Manager hereby is authorized and directed to submit an
application for the Cities & Counties for Fines and Fee Justice - Second Cohort
Application on behalf of the City of Dubuque.
Section 2. That the Leisure Services Manager and the City Manager are hereby
authorized to approve the application that is submitted to Hena Khairzadah.
Section 3. That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the PolicyLink if awarded the grant.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanaugh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. America in Bloom (AIB) Community Profile Submission: Upon motion the documents
were received and filed.
10. Approval of Bunker Hill Golf Course Cart Five Year Lease Agreement: Upon motion
the documents were received, filed, and approved.
11. Approval of Fiscal Year 2023 Special Services Grant Program Agreement with Hills
& Dales Senior Center and Community Development Block Grant Agreement with the
Four Mounds Foundation: Upon motion the documents were received, filed, and
approved.
12. Growing Sustainable Communities Conference Keynote Speaker Contract : City
Manager recommended City Council approval of a contract with Ana Garcia Doyle of One
Earth Film Festival as the breakfast keynote speaker on October 18 , 2022, at the 2022
Growing Sustainable Communities Conference. Upon motion the documents were
received, filed, and approved.
13. Recommendation for Regranting of GARE Arts & Culture Innovation and
Implementation Grant Award: Upon motion the documents were received, filed, and
approved.
14. Letter of Support for Talon Development’s Workforce Housing Tax Credit
Application to Iowa Economic Development Authority : Upon motion the documents were
received, filed, and approved.
15. Tiffany Court - Lead Mine Sinkhole Remediation Project: Acceptance of Public
Improvement Construction Contract: Upon motion the documents were received and filed,
and Resolution No. 250-22 Accepting the Tiffany Court - Lead Mine Sinkhole Remediation
Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 250-22
ACCEPTING THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Tiffany Court - Lead Mine Sinkhole
Remediation Project (the Project) has been completed by the Contractor, S&S Builders,
(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 $132,610.76; and
Whereas, the Contractor has previously been paid $125,980.22, leaving a balance of
$6,630.54; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $6,630.54 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF TIFFANY COURT -
LEAD MINE SINKHOLE REMEDIATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Tiffany Court - Lead Mine Sinkhole Remediation Project has been
performed in compliance with the terms of the Public Improvement Cont ract, and that the
total cost of the completed work is $145,063.17.
Dated this 12th day of July 2022.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th day of July 2022.
/s/Adrienne N. Breitfelder, City Clerk
16. ETALYC Partnership Statewide Transportation Innovation Council (STIC) Grant
Application: Upon motion the documents were received, filed, and approved.
17. Liquor License Renewals: Upon motion the documents were received and filed,
and Resolution No. 251-22 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. 251-22
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
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, provisionally
approved, and/or approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City, and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Hy-Vee 1 Market Cafe, 3500 Dodge St. Cafe Area
Kwik Stop Food Mart, 2255 Kerper Blvd.
Pete's Thai Kitchen, LLC, 609 East 22nd St.
Sid's Beverage Store, Inc., 2727 Dodge St.
Texas Roadhouse, 845 Wacker Dr.
Tri-State Independent Blind Society Inc., 1068 Cedar Cross Rd.
West Dubuque Tap, 1701 Asbury Rd.
Special Event(s) per Special Event Application Submittal
Southend Tap: 8-20-22, Street and sidewalk in front of Bar at 55 Locust St
Smokestack: 7-29-22 to 8-2-22, East 7th Street between White & Central Aves
Adding A Privilege
Third Corner - Outdoor Café: June 1 to Oct. 31, 2022, 210 West 1st St.
Provisional Issuances
Jubeck's - Wednesday Farmers Market: 7-13-22, 7-20-22, and 7-27-22, 115 West 11th
Street and Sidewalk from Main to Iowa Sts
American Legion Post: Adding Catering Privilege, 1306 Delhi Street
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Comiskey Park – Phase 1 Redevelopment Project Initiate Public Improvement
Bidding Process and Set Public Hearing: Upon motion the documents were received and
filed and Resolution No. 252-22 Comiskey Park – Phase 1 Redevelopment Project:
preliminary approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1,
2022, in the Historic Federal Building.
RESOLUTION NO. 252-22
COMISKEY PARK – PHASE 1 REDEVELOPMENT PROJECT: PRELIMINARY
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
Whereas, Comiskey Park is a popular community park and was identified as a priority
for redevelopment; and
Whereas, the public engaged to provide their dreams and ideas in the ReImagine
Comiskey process that resulted in a ReImagine Comiskey Park master plan and phase
one development plan and the city and grant funding now allows the Phase 1 project to
move forward and make those dreams come true.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Comiskey Park – Phase 1 Redevelopment Project, in the estimated cost amount of
$2,211,620.00, are hereby preliminarily approved and ordered filed in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on the 1st day of August 2022, at 6:30 p.m. in
the Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Resolution of Necessity for the Amendment of the Dubuque Industrial Center
Economic Development District Urban Renewal Plan, Version 2022.2: Upon motion the
documents were received and filed and Resolution No. 253-22 Authorizing and directing
the City Manager to prepare an Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District and setting da tes for the public
hearing and consultation process on the proposed Amended and Restated Urban
Renewal Plan for said district was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 6, 2022, in the Historic Federal Building.
RESOLUTION NO. 253-22
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL
CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE
PUBLIC HEARING AND CONSULTATION PROCESS ON THE PROPOSED
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for
the Dubuque Industrial Center Economic Development District (the “District”) in order to
provide redevelopment opportunities which will further the purposes and objectives of the
foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the Plan be further amended to remove
property from Subarea C of the District; and
Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the
City Council must follow the notification, consultation, and public hearing process set forth
therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District to include in such Plan any appropriate project activities and details,
and to determine an appropriate date for and conduct the consultation process required
by law with affected taxing entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on September 6, 2022 at 6:30 p.m. in the form attached hereto. The
notice of said hearing shall generally identify the areas covered by the Plan and the
general scope of the urban renewal activities planned for such areas and said notice shall
be published in a newspaper having general circulation within the City not less than four
days nor more than twenty days before the date of said meeting. A copy of the notice of
public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Department is further directed to send by
ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation,
and, to the extent the Plan includes the use of tax increment revenues for a public
building, an analysis of alternative development and funding options for such public
buildings, to the Dubuque Community School District and the Dubuque County Board of
Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Resolution of Necessity for the Amendment of the Dubuque Industrial Center
Economic Development District Urban Renewal Plan, Version 2022.3 : Upon motion the
documents were received and filed and Resolution No. 254-22 Authorizing and directing
the City Manager to prepare an Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District, setting a date for the public
hearing and directing the consultation process on the proposed Amended and Restated
Urban Renewal Plan for said district was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on September 6, 2022, in the Historic Federal Building.
RESOLUTION NO. 254-22
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL
CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE
PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE
PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID
DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for
the Dubuque Industrial Center Economic Deve lopment District (the “District”) in order to
provide redevelopment opportunities which will further the purposes and objectives of the
foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the Plan be further amended to expand the
District by creating a new Subarea R; and
Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the
City Council must follow the notification, consultation, and public hearing process set forth
therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District to include in such Plan any appropriate project activities and details,
and to determine an appropriate date for and conduct the consultation process required
by law with affected taxing entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing o n the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on September 6, 2022 at 6:30 p.m. in the form attached hereto. The
notice of said hearing shall generally identify the areas covered by the Plan and the
general scope of the urban renewal activities planned for such areas and said notice shall
be published in a newspaper having general circulation within the City not less than four
days nor more than twenty days before the date of said meeting. A copy of the notice of
public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Department is further directed to send by
ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation,
and, to the extent the Plan includes the use of tax increment revenues for a public
building, an analysis of alternative development and funding options for such public
buildings, to the Dubuque Community School District and the Dubuque County Board of
Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Housing Commission: One, 3-Year term through August 17, 2024 (Vacant term of
Dalton) and two, 3-Year terms through August 17, 2025 (Expiring terms of Baumhover
and White). Applicants: Rick Baumhover, 601 Garfield Ave.; Rick Merfeld, 2718 Andrew
Ct.; and Margie White, 3197 Highland Park Dr. Mr. Baumhover spoke in support of his
application and provided a brief biography.
Appointments were made to the following boards/commission s.
1. Investment Oversight Advisory Commission: One 3-Year term through July 1, 2025
(Expired Term of Ruden) Applicant: Gary Ruden, P.O. Box 835 - Address verified to be
within corp. city limits. Motion by Jones to appoint Mr. Ruden to the three-year term
through July 1, 2025. Seconded by Sprank. Motion carried 7 -0.
2. Resilient Community Advisory Commission: Two, 3-Year terms through July 1, 2025
(Vacant term of Sanger and Expired term of Chamberland). Applicants: Joshua
Chamberland, 2145 Delaware St. (Additional Applicant); Jacob Kohlhaas, 1125 Richards
Rd. Motion by Roussell to appoint Mr. Chamberland and Mr. Kohlhaas to the two three-
year terms through July 1, 2025. Seconded by Farber. Motion carried 7 -0.
PUBLIC HEARINGS
1. Request to Rezone 620 South Grandview & 333 Bryant Street : Motion by Jones to
receive and file the documents and that the requirement that a pro posed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Resnick. Planning Services
Manager Wally Wernimont made a presentation. City Council Members expressed
support for the proposed development of the property. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 24-22 Amending
Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 620 S. Grandview Avenue and 333
Bryant Street from C-1 Neighborhood Commercial and R-3 Moderate Density Multiple-
Family Residential to PUD Planned Unit Development District with a PC Planned
Commercial Designation and adopting a Conceptual Development Plan. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-22
AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 620 S. GRANDVIEW AVENUE AND 333
BRYANT STREET FROM C-1 NEIGHBORHOOD COMMERCIAL AND R-3
MODERATE DENSITY MULTIPLE-FAMILY RESIDENTIAL TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION
AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter-described property
located at 620 S. Grandview Avenue and 333 Bryant Street from C -1 Neighborhood
Commercial and R-3 Moderate Density Multiple-Family Residential to PUD Planned Unit
Development District with a PC Planned Commercial designation, and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, is
hereby adopted and approved for the following described property, to wit:
Lot 1 Sullivan’s Subdivision; and Lot 2 of Lot 2, and Lot 2 of Lot 5, of Sullivan’s
Subdivision, all in the City of Dubuque, Iowa, according to the recorded plat thereof.
Section 2. PUD Development Regulations
A. Use Regulations: The following regulations shall apply to all uses made of land
in the above-described Planned Unit Development.
Principal permitted uses: The following uses are permitted in this Planned Unit
Development:
1. Bakery.
2. Barber or beauty shop.
3. Flower shop, garden store, or commercial greenhouse.
4. General office.
5. Grocery or drug store (maximum 3,500 square feet).
6. Indoor restaurant.
7. Laundromat.
8. Licensed childcare center.
9. Place of religious exercise or assembly.
10. Railroad or public or quasi-public utility, including substation.
11. Registered child development home.
12. Residential above the first floor only.
13. Restaurant, carryout not including drive-thru.
14. Retail sales and service.
15. School of private instruction.
Prohibited uses: The following uses are prohibited in this Planned Unit
Development:
1. Pawn shops.
2. Resale shops.
3. Drive-thru facilities.
4. Bar or tavern.
5. Outdoor storage.
6. Private club.
7. Stand-alone gas stations.
8. Tattoo parlors and body piercing shops.
Accessory uses: The following accessory uses are permitted in this Planned Unit
Development:
1. Any use customarily incidental and subordinate to the principal use it serves.
Temporary Uses: Temporary uses shall be regulated in conformance with the
provisions of the section 16-3-19 of the Unified Development Code.
Parking: Minimum parking requirements shall be in substantial compliance with the
approved conceptual plan.
Signs: Signs shall be regulated in conformance with the provisions of the Unified
Development Code Chapter 15 for signage, consistent with the table provided
below.
On Premise
Signs
Permitted
Sign
Structures
Maximum
Permitted
Lighting
Type
Permitted
Mechanical
Motion
Area
Sq. Ft. Number
Projection
over right
of way
Height
Identification Signs
All
Applications
Projecting 25 Per
sign
1 Per
business per
street
frontage
60 Inches
Below
eaves or
parapet
Internal,
no
flashing
None Wall 40 Per
sign 0
No
flashing Wall
Nameplate
6 Per
sign
1 Per
business per
street
frontage
0
Directional Signs
All
Applications
Free
Standing 6 Per
sign Not Specified
0 10 feet Internal,
no
flashing None Projecting 60 Inches Below
eaves or
parapet Wall 0 No
flashing
1. Variances: For all signage requirements outline herein, variances from the
sign requirements for size, number, and height may be requested. Such
variances shall be reviewed by the Zoning Board of Adjustment in accordance
with Article 8-6 of the Unified Development Code.
B. Lot and Bulk Regulations: Development of land in the PC Planned Commercial
district shall be regulated as follows:
1. Buildings shall be located in substantial conformance with the approved
conceptual development plan.
2. Maximum building height of 30 feet shall be allowed in this Planned
Commercial district.
C. Site Lighting: Exterior illumination of site features and the location and design
of site lighting shall be in accordance with Section 16-13 Site Design Standards of
the Unified Development Code.
D. Exterior Trash Collection Areas: Exterior Trash Collection Areas shall be
constructed in accordance with Section 16-13 Site Design Standards of the Unified
Development Code.
E. Landscaping Regulations: Landscaping requirements shall be in substantial
compliance with the conceptual plan.
F. Occupancy Permits: No occupancy permit shall be issued by the City of
Dubuque for property included in the subject planned unit development district until
full compliance with this ordinance has been achieved.
G. Modifications: Any modifications to this Ordinance must be approved by the City
Council in accordance with the Zoning Reclassification proceedings of Section 16-
9 of the Unified Development Code.
H. Transfer of Ownership: Transfer of ownership or lease of property in this PC
Planned Commercial District shall include the transfer or lease agreement a
provision that the purchaser or lessee acknowledges awareness of the conditions
authorizing the establishment of the district.
I. Recording:” A copy of this PUD Ordinance shall be recorded, at the expense of
the property owner, 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 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.
Passed, approved, and adopted this 18th day of July, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2022.
/s/Adrienne N. Breitfelder, City Clerk
2. Amendment to Westmark Planned Unit Development for 1515 Delhi St reet, Suite
100: Motion by Roussell 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 Farber.
Planning Services Manager Wally Wernimont provided a staff report and responded to
questions regarding signage size limits and shut-off time requirements for illuminated
signs. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 25-22
Amending Title 16 of the Unified Development Code of the City of Dubuque Code of
Ordinances by rescinding Ordinance 34-21 which provides regulations for a PUD Planned
Unit Development District with a PC Planned Commercial Designation for the Westmark
Corporate Center and adopting amended PUD Ordinance to allow internally illuminated
secondary signs. Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-22
AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 34-21 WHICH
PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE WESTMARK
CORPORATE CENTER AND ADOPTING AMENDED PUD ORDINANCE TO ALLOW
INTERNALLY ILLUMINATED SECONDARY SIGNS
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 rescinding Ordinance 34-21 for the hereinafter
described property which provides regulations for a Planned Unit Development District
with a PC Planned Commercial District designation for Westmark Corporate Center, and
now being amended to allow internally illuminated secondary signs, to wit:
Lot 1 Westmark, Lot 1-2 Westmark, Lot 1-3 Westmark, Lot 2-3 Westmark, Lot 2
Westmark No. 2, Lot 1 Westmark No. 3, Lot 3 Westmark No 2, all in the City of
Dubuque, Iowa.
Section 2. Attached hereto and made a part of this ordinance is the original Conceptual
Development Plan and Landscape Plan, per Ordinance 34 -21, for the Westmark
Corporate Center PUD 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 patterns, grades, and usable building sites. The general plan layout,
including the relationship of land uses to the general plan framework and the development
requirements shall be used as the implementation guide.
Section 3. Westmark Corporate Center PUD Development Regulations
A. Use Regulations: The following regulations shall apply to all us es made of land in
the above-described PC Planned Commercial District:
1. Principal permitted uses: The following uses are permitted in the Westmark
Corporate Center PUD:
a. General Office
b. Medical Office/Clinic
c. Dental/Medical Lab
d. Indoor Restaurant, within primary office building only
e. Drive-up automated Bank Teller
f. Business Services, excluding janitorial services, carpet and upholstery cleaning,
painting, and decorating, sign painting, and swimming pool maintenance
g. Banks/Savings and Loans/Credit Unions
h. Office Supply
i. Indoor Recreation Facilities
j. Printing/Publishing
k. Parking Structures
l. Group Day Care Center
2. Accessory Uses: The accessory uses shall be limited to any use customarily
incidental and subordinate to the principal use. Outdoor storage shall not be
permitted.
3. All operations and activities associated with permitted principal and accessory
uses shall be conducted or maintained within completely enclosed buildings
except:
a. Off-street parking
b. Employee recreation facilities
c. Drive-up bank facilities
d. Group day care center outdoor recreation space
e. Open air restaurant seating
f. Drive-through pharmacies
B. Lot and Bulk Regulations: The development of land in the Westmark Corporate
Center PUD shall be regulated as follows:
1. All structures shall be a minimum of thirty (30) feet from the front property line
adjoining Pennsylvania Avenue, a minimum of twenty (20) feet from the front
property line adjoining the right-of-way easement which adjoins the Northwest
Arterial and a minimum of twenty (20) feet from the front property lines adjoining
any interior street.
2. No building or structure built north of a line drawn along the east -west interior
street, as shown on the conceptual development plan map, and extending directly
eastward to the property line shall exceed forty (40) feet in height; no building or
structure on the remainder of the property shall exceed sixty (60) feet in height.
C. Parking Requirements
1. The off-street parking requirements for the principal permitted uses allowed in the
herein described PC Planned Commercial District shall be one (1) space for each
three hundred fifty (350) square feet of floor area, with the exception of any public
restaurant, which will provide one (1) space for every four (4) permanent seats plus
one (1) space for each employee on the maximum shift. Floor area will not include
underground parking structures.
2. The construction of off-street parking spaces may be phased in proportion to the
percentage of total building floor area constructed at any one time. Ground area
set aside for future parking, or driveways or for parking provided in excess of the
minimum required number of parking spaces shall not reduce the minimum
required area for open space.
3. All parking, maneuvering and driveway areas shall be surfaced with a minimum
of either an eight (8) inch rolled stone base and two and one -half (2-1/2) inch
asphaltic concrete mat or a six (6) inch Portland cement concrete pavement.
Proper drainage of storm water shall be provided. All parking spaces shall be
delineated on the surfacing material by painted stripes or other permanent means.
Widths and length of parking spaces. shall be governed by applicable provisions
of City of Dubuque ordinances enforced at the time of development of the lot.
4. The number, size, design, and location of parking spaces designated for
handicapped (minimum 2% of total) and compact car parking (maximum 30% of
total) shall be according to local, state or federal requirements in effect at the time
of development.
5. The location of driveway intersections with public streets shall be established by
the City of Dubuque.
6. No on-street maneuvering of service vehicles for the purpose of loading or
unloading will be allowed on any public street or cul- de-sac.
D. Pedestrian Area
1. Permanent hard surfaced walkways shall be installed and maintained for the
purposes of pedestrian movement between all parking areas and functioning
entrances and exits of the buildings.
2. These interior walkways shall connect office park campus buildings throughout
the development site as per a Pedestrian Access Plan required as part of the
submission of the final site development plan.
E. Site Lighting
1. Exterior illumination of the site shall be limited to the illumination of:
a. Parking areas and driveways
b. Pedestrian walkway surfaces and entrances to building
c. Building exterior
2. All exterior lighting shall be designed, installed, and maintained so as not to cause
direct glare or to shine into adjacent lots and streets. No light source shall provide
illumination onto adjacent lots, buildings, or streets in excess of six -tenths (0.6)
foot candle. All exterior lighting luminaires shall be designed and installed to shield
light from the luminaire at angles above seventy-two (72) degrees from vertical.
3. Fixtures mounted on a building shall not be positioned higher than the roof line of
the building.
4. Post or pole mounted free-standing fixtures shall not be higher than thirty (30)
feet above the ground.
F. Utility Location
1. All electrical, telephone, television cable, and other similar utility lines serving
buildings and other site features shall be located underground.
2. All free-standing electrical transformers, switching gear, relay boxes, meters, air
conditioning units, heat pumps, and other similar mechanical equipment shall be
located in positions which are shielded from view from adjoining public streets.
Constructed fencing or walls and plant materials may be used to visually screen
such mechanical equipment.
G. Trash Collection Areas
1. All trash collection areas shall be visually screened from view. The screening shall
be a completely opaque fence, wall, or other feature not exceeding a height of ten
feet measured from the ground level outside the line of the screen. Screen
structures built on sloping grades shall be stepped, so that their top line shall be
horizontal. Exposed materials used to construct the opaque screen shall be similar
in appearance to materials used for exterior building walls. Colors of the screen
shall match those of the building. All exterior entrances to a screened trash area
shall be provided with a gate or door of similar design to that of the screen. Gates
or doors facing a street frontage, or the Northwest Arterial shall be closed at all
times other than when a vehicle or personnel are using the entrance for access to
and from the screened area.
2. If a ten (10) foot high screen fails to shield the exterior trash collection area from
view from points inside or outside of the property, evergreen plantings may be
required. Evergreen plant materials shall be selected and designed so that they
will screen the area from all off- site visibility within five (5) years. In such cases, if
initial plantings are of six (6) foot height or greater, the requirements for other
opaque screening shall be omitted.
H. Open Space Development/Landscaping
1. No less than thirty-five (35) percent of the total development site shall be
maintained as open space. Open space shall be defined as that part of the site not
devoted to buildings, structures, parking or loading areas, driveways, or any
principal or accessory uses.
2. A Landscape Plan for the entire development site shall be required as part of
submission of the Final Site Development Plan. The Landscape Plan shall consist
of landscaping standards for site design, plantings, and erosion control, as set forth
in Attachment A of this ordinance.
3. In open space areas, the installation of required planting m aterials may be phased
in direct proportion to the phasing of building construction.
4. Entry landscaping shall be installed adjoining Pennsylvania Avenue in
accordance with the Landscape Plan.
5. The area between the paved public street and the right-of-way line shall be
planted and maintained by the lot owner.
6. All parking areas shall be screened from public right-of-way in accordance with
the Landscape Plan.
7. All exposed soil areas remaining after the construction of building and vehicle
related features shall be planted with a permanent ground cover to prevent
erosion. All other disturbed land which is not under construction shall be seeded
with appropriate temporary ground cover in order to reduce erosion, siltation, and
dust.
I. Storm Water Management
1. The area of watersheds after development shall remain the same as pre -
development watersheds, or as directed by the Public Works Department of the
City of Dubuque.
2. 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 the flowline
of open drainageways outside the lot in a means that is satisfactory to the Public
Works Department of the City of Dubuque.
J. Site Signage
1. The provisions of the City of Dubuque Unified Development Code apply to the
construction and maintenance of signs, unless further regulated by this section.
2. No off-premise signs shall be allowed in this planned district.
3. On-Premise Signs
a. Allowable content.
Signs, messages, and graphics shall be limited to the following contents:
1) Development Sign
i. Identification of this planned district
ii. Identification of up to three (3) primary tenants
2) Primary Sign
i. Identification of company name
ii. Identification of company products or services generic name only
iii. Street address
iv. Graphic symbol or logo identified with the company
3) Secondary Sign
i. Directional messages necessary for the safe and efficient flow of vehicular
and pedestrian traffic on the lot
ii. Identification of visitor entrances to the building, shipping, and receiving
docks, and other delivery points
iii. Identification of assigned parking spaces and handicapped accessibility
iv. Temporary announcements of pending or new construction
v. Commemorative messages
b. Maximum number of signs
1) The number of Development Signs shall not exceed two (2) at 100 square feet
in area per sign or one (1) at 200 square feet in area for each street entrance to
this planned district.
2) The number of Primary Signs shall not exceed two (2) for each building, only
one (1) of which shall be free-standing unless otherwise restricted.
3) No maximum number of Secondary Signs is established.
c. Maximum area of sign panel
1) No Development Sign shall exceed 200 square feet in area, or 100 square feet
if two (2) signs/entrance are used.
2) If a Primary Sign is building mounted, its total area shall not exceed ten percent
(10%) of wall parallel and/or closest to street frontage, or forty (40) square feet,
whichever is less; however, if a Primary Sign is building mounted with the
Northwest Arterial as the governing street frontage, the maximum area shall not
exceed eighty (80) square feet.
3) If the Primary Sign is free-standing, its maximum area shall not exceed eighty
(80) square feet unless otherwise restricted; however, no free- standing Primary
Sign shall be allowed along the Northwest Arterial frontage.
4) No maximum cumulative area is established for Secondary Signs; howe ver,
no single permanent Secondary Sign shall exceed six (6) square feet in area.
5) The area of double-faced free-standing signs shall only count one face for area
determination.
d, Allowable structural types
1) Development Signs shall be free-standing only.
2) Primary and Secondary Signs may be mounted on exterior walls of buildings
or may be free- standing. No signs shall be mounted on roofs or above any eave
or parapet of a building. All building mounted signs shall be flush mounted on
the wall and no projections beyond one (1) foot shall be allowed. The
determination of area of signs composed of separate elements shall be the area
of a rectangle that completely encloses all such elements and/or corporate
identification devices.
e. Sign locations on lots
1) Development Signs shall by located anywhere on the lot at any street entrance
to the office park development; however, no sign shall be erected within the
public right-of-way or 10’ visibility triangle as required by Section 3.5 of the
Unified Development Code of the City of Dubuque, Iowa.
2) Primary Signs may be located only in the area enclosed by the street right -of-
way line, the line formed by the street façade of the building and the side lot
lines.
3) Secondary Signs may be located anywhere on the lot and on any building
façade.
4) No signs may project in space over a street right-of-way line or onto another
lot.
f. Height regulations
1) Free-standing Development Signs and their supporting structure(s) shall not
be higher than ten (10) feet above adjacent ground level.
2) Building mounted Primary Signs shall be installed below the eave or parapet.
Free-standing Primary Signs and their supporting structures shall not be higher
than twenty-five (25) feet above adjacent ground level.
3) Free-standing Secondary Signs and their supporting structure(s) shall not be
higher than five (5) feet above adjacent ground level. Building mounted
secondary signs shall not be higher than eight (8) feet above the ground level
at the building.
g. Lighting
1) Development Signs may be illuminated only by means of indirect lighting
whereby all light sources and devices are shielded from view by opaque or
translucent materials or by internal illumination.
2) Primary Signs may be illuminated by means of indirect lighting whereby all light
sources and devices are shielded from view by opaque or translucent materials
or by internal illumination.
3) Secondary Signs may be illuminated by means of internal illumination only.
h. Motion
1) No signs may include any device or means, mechanical, electrical, or natural,
which shall cause any motion of the sign panel or any part thereof. No flashing
lights or changing colors shall be allowed.
K. Time Limitation: Approval of the conceptual development plan shall be valid for a
period of three (3) years, provided that after the first year, if no final site development
plan has been filed, the Commission or Council may require the resubmission of a
conceptual development plan. If constructed in phases, a final site development plan
shall be submitted for each phase. An extension of the time limitation may be
granted by the City Council upon a showing of good cause.
L. Ordinance History
1. 41-91: Establishment of the Dubuque Corporate Center (also known as
Westmark Corporate Center) Planned Unit Development
2. 34-21: Rescinding Ordinance 41-91 and adopting an amended ordinance to
allow drive-through pharmacies when associated with permitted principal and
accessory uses.
M. Transfer of Ownership: Transfer of ownership or lease of property in this PC
Planned Commercial 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 this district.
N. Site Development Plan Review: Final site development plan(s) shall be submitted
in accordance with Section 13 of the Unified Development Code of the City of
Dubuque, Iowa and be approved by the Zoning Advisory Commission at a public
meeting. The Zoning Advisory Commission must approve a final site development
plan within thirty (30) days of the public meeting if the plan conforms with the
conditions of the approved conceptual development plan. The failure of the Zoning
Advisory Commission to act within this 30-day period shall constitute approval of the
final site development plan unless the applicant requests or agrees to an extension
of this review period. Changes in the final site development plan that are consistent
with the purpose and intent of the Unified Development Code and the approved
conceptual development plan may be approved by the Zoning Advisory
Commission. No building permits shall be issued, or no construction may take place
except in substantial conformance with such plan.
O. 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 4. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 5. The foregoing amendment shall take effect immediately upon publication as
provided by law.
Passed, approved, and adopted this 18th day of July, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2022 .
/s/Adrienne N. Breitfelder, City Clerk
3. Resolution Approving a Proposed Development Agreement by and among the City
of Dubuque, Iowa, Green Industrial Properties, L.L.C., Innovation Properties, L.L.C., and
Green Industrial Supply, Inc. for the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement: Motion by Resnick to receive
and file the documents and adopt Resolution No. 255-22 Approving a Development
Agreement by and among the City of Dubuque, Green Industrial Properties, L.L.C.,
Innovation Properties, L.L.C., and Green Industrial Supply, Inc., including the issuance of
Urban Tax Increment Revenue Obligations to Green Industrial Supply, Inc . Seconded by
Jones. City Clerk Breitfelder stated that Susan Price submitted written input. Motion
carried 7-0.
RESOLUTION NO. 255-22
APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF
DUBUQUE, GREEN INDUSTRIAL PROPERTIES, L.L.C., INNOVATION PROPERTIES,
L.L.C., AND GREEN INDUSTRIAL SUPPLY, INC., INCLUDING THE ISSUANCE OF
URBAN TAX INCREMENT REVENUE OBLIGATIONS TO GREEN INDUSTRIAL
SUPPLY, INC.
Whereas, Green Industrial Properties, L.L.C. and Innovation Properties, L.L.C., as
Developers, are the owners of the property legally described as follows:
Part Lot 3 in the Dubuque Industrial Center North First Addition in the City of
Dubuque, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Center
North First Addition in the City of Dubuque, Dubuque County, Iowa, described as
follows: Commencing at the southeast corner of said Lot 3; thence N00°36’04”W,
364.16 feet along the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along
the outside face of the south wall of the existing building to the point of beginning;
thence S00°35’44”E, 37.00 feet; thence S89°24’16”W, 210.00 feet; thence
N00°35’44”W, 362.00 feet; thence N89°24’16”E, 255.00 feet to the northerly
extension of the outside face of the west wall of the existing building; then
S00°35’44”E, 357.00 feet along said face of the west wall of the southwest corner of
the existing building; thence N89°24’16”E, 125.00 feet along the face of the south
wall of the existing building to the point of beginning, containing 2.258 acres (the
Property); and
Whereas, the City Council, by Resolution No. 243-22, dated July 5, 2022, declared its
intent to enter into a Development Agreement by and among the City of Dubuque, Green
Industrial Properties, L.L.C., Innovation Properties, L.L.C., and Green Industrial Supply,
Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations to
Green Industrial Supply, Inc.; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on July 18, 2022 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for redevelopment of the Property by Green Industrial Properties, L.L.C. and
Innovation Properties, L.L.C., according to the terms and conditions set out in the
Development Agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement, a copy of which is attached hereto, by
and among the City of Dubuque, Green Industrial Properties, L.L.C., Innovation
Properties, L.L.C., and Green Industrial Supply, Inc., including the issuance of Urban
Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Sale of City-owned property at 917 Garfield Avenue: Motion by Sprank to receive
and file the documents and adopt Resolution No. 256-22 Disposing of city interest in real
estate located at 917 Garfield Avenue, in the City of Dubuque, Iowa . Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 256- 22
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 917 GARFIELD
AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 244-22, dated July 5, 2022, declared its
intent to dispose of City interest in real property located at 917 Garfield Avenue, legally
described as:
Northerly 46.40 feet of Lot 4 in Hooper’s Addition to the City of Dubuque, 1852, in the
City of Dubuque, Iowa, according to the recorded plat thereof; and,
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on July 18, 2022, at 6:30 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, Kellhoff Properties LLC has signed an offer to purchase; and whereas, the
City Council finds that it is in the best interest of the City to approve the disposition of
such interest in the Property to Kellhoff Properties LLC.
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 disposition of the City’s
interest in the following legally-described property:
Northerly 46.40 feet of Lot 4 in Hooper’s Addition to the City of Dubuque, 1852, in the
City of Dubuque, Iowa, according to the recorded plat thereof.
Section 2. That the Mayor is hereby authorized and directed to provide a Special
Warranty Deed to the buyer, conveying the City’s interest to Kellhoff Properties LLC for
the herein-described real estate.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Regarding Action Item No. 1, Kristen and Steve Vaassen, 2319 Manson Rd.; Jim
Kieffer, 8056 Southern Hill Cir.; and Jan Bell, 2333 Manson Rd., spoke in support of
approving the plat. Peter Arling, 1744 Creekwood Dr., also serving as legal counsel on
behalf of Matthew Horsfield; Bob Hartig, 1804 Creekwood Dr.; Larry Vogt, 1750
Creekwood Dr.; David Curtis, legal counsel on behalf of Greg and Christie McCoy, 1834
Creekwood Dr.; and Nathan Duccini, 1605 Manson Rd., spoke in opposition to the
proposed plat.
Regarding Action Item No. 2, Rick Dickinson, President, and CEO of Greater Dubuque
Development Corporation, spoke in support of the city’s proposed funding allocation to
the Dream Center.
ACTION ITEMS
1. Plat of Survey of Annabel Lee Barn Lot : Motion by Resnick to receive and file the
documents and adopt Resolution No. 257-22 Approving the Plat of Survey of: Annabel
Lee Barn Lot, in the City of Dubuque, Dubuque County, Iowa. Seconded by Farber.
Planning Services Manager Wally Wernimont made a presentation and responded to
questions regarding the definition of residential units, regulations on short-term rentals,
the city’s noise ordinance, the plat review process, and the different aspects of the various
plat requests of this property. City Council Members discussed their limitations on
regulating short-term rentals based on state code, the options residents have for reporting
noise complaints, and the differences between this plat request and previous plat
requests for the property. Motion carried 7-0.
RESOLUTION NO. 257-22
APPROVING THE PLAT OF SURVEY OF: ANNABEL LEE BARN LOT, IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of: Annabel Lee
Barn Lot, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or
approved private street, where street frontage is required by Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public
street or an approved private street.
Section 2. That the Plat of Survey of: Annabel Lee Barn Lot, in the City of Dubuque,
Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said
Plat of Survey.
Passed, approved, and adopted this 18th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. City Support for Dream Center Acquisition of Fulton School and Support for State of
Iowa Future Ready Iowa Grant Application: City Manager recommended City Council
approval of an allocation of $300,000 to the Dream Center to include toward their bid to
acquire Fulton School from the Dubuque Community School District. Motion by Roussell
to receive and file the documents and approve the recommendation. Seconded by
Sprank. City Council Members expressed their support for the Dream Center’s proposed
expansion and encouraged the Dubuque Community School District to sell Fulton School
to the Dream Center for one dollar. Motion carried 7-0.
3. East-West Corridor Moratorium Extension: 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 i t is to be passed
be suspended. Seconded by Roussell. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-22 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for
Construction or other work on certain Streets, Areas, or Facilities. Seconded by Roussell.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK
ON CERTAIN STREETS, AREAS, OR FACILITIES
Whereas, with assistance of a consultant, the City analyzed east-west traffic flow in
the City and identify corridor improvements or modifications needed to support growing
traffic demands; and
Whereas, since 2012, the City Council has established and extended an East – West
Corridor Moratorium to limit property improvements in the corridor; and
Whereas, in December 2021, the City of Dubuque hired HDR, Inc. of Omaha,
Nebraska, to complete the Preliminary Engineering Design and Environmental Clearance
Phase to advance the development of East-West Corridor Capacity Improvements along
University Avenue at the intersections at Loras Boulevard, Asbury Road, and
Pennsylvania Avenue; and
Whereas, the proposed moratorium will provide City staff and the consultant the time
needed to evaluate the impact to property along the corridor in terms of property
acquisition, site development, and land use; and
Whereas, on August 16, 2022, the East – West Corridor Moratorium is set to expire.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as
follows:
14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN
STREETS, AREAS, OR FACILITIES:
East-West Corridor Study Area: The City Manager may not issue any permit for any
new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the east-west corridor study area as shown on the map
on file in the Office of the City Clerk, but not to include demolition or emergency
repairs without the approval of the City Council, from the effective date hereof to
August 1, 2025, except where a vested right to the issuance of such permit accrued
prior to the effective date hereof.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 18th day of July 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 22 nd day of July, 2022.
/s/Adrienne N. Breitfelder, City Clerk
4. Work Session Request: Environmental Protection Agency Reuse Study City-Owned
5th Street Site in the Port of Dubuque: Motion by Roussell to receive and file the
documents and schedule the work session for Monday, July 25, 2022, at 7:00 p.m.
Seconded by Resnick. Council Members Farber and Jones stated that they will not be
able to attend due to scheduling conflicts. Motion carried 7-0.
5. Work Session Request: Police Taser Implementation : Motion by Jones to receive
and file the documents and schedule the work session Monday, October 3, 2022, at 5:30
p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0.
6. Delivering Dubuque Video: Northwest Arterial State of Good Repair Project: Motion
by Farber to receive and file the documents and view the video. Seconded by Resnick.
Media services displayed a video of the Northwest Arterial State of Good Repair Project
as part of the "Delivering Dubuque" video series. Link to video:
https://youtu.be/x4zxfn5isFY. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:59 p.m. to discuss Purchase or Sale
of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh
stated for the record that the attorney who will consult with City Council on the issues to
be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:20 p.m. stating that staff had been
given proper direction.
There being no further business, Mayor Cavanagh declared the meeting ad journed at
9:20 p.m.
/s/Adrienne N. Breitfelder, City Clerk