01 17 23 City Council Proceddings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on January 17, 2023, in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Pro Tem Roussell; Mayor Cavanagh (attended virtually); Council Mem-
bers Farber, Jones, Resnick, Sprank, Wethal (attended virtually); City Manager Van Mil-
ligen, City Attorney Brumwell (attended virtually).
Mayor Pro Tem Roussell read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on Federal and State Grant
Updates.
WORK SESSION
FEDERAL AND STATE GRANT UPDATES
Director of Strategic Partnerships Teri Goodmann; Tech nical Grant Analyst/Assistant
Justin Thiltgen; ICMA Local Government Management Fellow Abhishek Rai; and Andrew
Seth, President and Grant Writing Services Consultant of Sustainable Strategies DC, pre-
sented on the status of the City of Dubuque’s efforts to secure grants. Responding to
questions from the City Council, Mr. Seth stated that any projects receiving state funding
could be considered for matching funds by the City and that Department of Transportation
(DOT) funding could be utilized for implementation of the Central Avenue Streetscape
Master Plan. Due to limited time remaining in the work session, Mayor Pro Tem Roussell
requested the City Council email any additional questions to the presenters.
There being no further business, Mayor Pro Tem Roussell declared the meeting ad-
journed at 6:29 p.m.
/s/Adrienne N. Breitfelder, CMC, 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 January 17, 2023, in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Pro Tem Roussell; Mayor Cavanagh (attended virtually); Council Mem-
bers Farber, Jones, Resnick, Sprank, Wethal (attended virtually); City Manager Van Mil-
ligen, City Attorney Brumwell (attended virtually).
Mayor Pro Tem Roussell read the call and stated this is a regular session of the City
Council called for the purpose of conducting such business that m ay properly come be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Dubuque Eagles "Eyes on the Future" Month (January 2023) was accepted by Mi-
chael Duehr on behalf of the Dubuque Fraternal Order of Eagles.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: Building Code Advisory and Appeals Board of
12/1/22; City Council Proceedings of 1/3/23; Historic Preservation Commission of
12/15/22; Library Board of Trustees Update of 12/15/22; Resilient Community Advisory
Commission of 1/5/23; Zoning Advisory Commission of 1/4/23; Proof of publication for
City Council Proceedings of 12/19/22. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Mark Laird for vehicle damage; Ashley Moore for vehicle
damage; Denise Trierweiler for property damage. Upon motion the documents were re-
ceived, 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 As-
surance Pool: Ashley Moore for vehicle damage; Denise Trieweiler 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. 12-23 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved fo r payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 12-23
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 to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 17th day of January, 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
5. Bee Branch Watershed Flood Mitigation Project Newsletter - January 2023 Issue:
Upon motion the documents were received and filed.
6. 2022 Justice Assistance Grant (JAG) Approval and Acceptance of grant award:
Upon motion the documents were received, filed, and approved.
7. Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023 :
Upon motion the documents were received, filed, and approved.
8. Acceptance of Certain Subdivision Improvements in Rustic Point Estates #2: Upon
motion the documents were received and filed, and Resolution No. 13 -23 Accepting
Public Improvements in Rustic Point Estates #2, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 13-23
ACCEPTING PUBLIC IMPROVEMENTS IN RUSTIC POINT ESTATES #2, IN THE CITY
OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 281-21, certain public improvements including street
paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street
lighting, fiber optic conduit, accessible sidewalk ramps, sanitary sewer lift station, and
storm water detention facilities were installed by the developer of Rustic Point Estates #
2 in the City of Dubuque, Iowa; and
Whereas, the improvements, except for accessible sidewalk ramps, sanitary sewer lift
station, and storm water detention facilities, have been fully completed and the City Man-
ager has examined the work and has filed a certificate stating tha t the same has been
completed in accordance with the plans approved by the City Council and in conformance
with City specifications, and has recommended that the improvements be accepted by
the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Rustic Point Estates #2, except for except for accessible sidewalk
ramps, sanitary sewer lift station, and storm water detention facilities, be and the same is
hereby accepted.
Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Derby Grange LLC, for a period of two (2) years from the date of
this resolution.
Passed, approved, and adopted this 17th day of January, 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
9. Stoneman Road Reconstruction Project Acceptance : Upon motion the documents
were received and filed, and Resolution No. 14-23 Accepting the Stoneman Road Recon-
struction Project and authorizing the payment of the contract amount to the contractor
and Resolution No. 15-23 Adopting the Final Assessment Schedule for the Stoneman
Road Reconstruction Project was adopted.
RESOLUTION NO. 14-23
ACCEPTING THE STONEMAN ROAD RECONSTRUCTION PROJECT AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Stoneman Road Reconstruction
Project (the Project) has been completed by the contractor, McDermott Excavating (Con-
tractor), 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 $1,182,104.67; and
Whereas, the Contractor has previously been paid $1,115,723.64, leaving a balance
of $66,381.04; 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 Director of Finance and Budget is hereby directed to pay the balance
of the retainage of $66,381.04 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 17th day of January 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 15-23
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE STONEMAN ROAD RE-
CONSTRUCTION PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. After full consideration, the Final Schedule of Assessments as shown o n the
attached Exhibit A, is hereby approved for the Stoneman Road Reconstruction Project.
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 Iowa 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 Schedu le 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 fifte en 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
property owners whose property is subject to assessment, as provide d 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 Engineer, 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 October.
Delinquent 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 17th day of January 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
The public improvement and location is as follows: All properties abutting or served by
utilities on Stoneman Road. Consisting of the properties which are described as follows:
CITY OF DUBUQUE, IOWA
STONEMAN ROAD
FINAL ASSESSMENT SCHEDULE
PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; STREET AD-
DRESS; VALUATION WITH IMPROVEMENT; TOTAL PUBLIC IMPROVEMENT, COST;
SIDEWALK; WATER SERVICE; SANITARY SERVICE; STORM SEWER STUB; GSCU
COSTS; TOTAL PUBLIC ASSESSMENT
Hills And Dales Child Development Center; Lot 2-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 SEC
28 T89N-R2E; 1028230013; 3505 Stoneman Road; $1,493,783.88; $11,305.23;
$6,078.65; N/A; N/A; N/A; N/A; $17,383.88
Final Gravity LLC; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N-R2E (UND 1/4
INT);1028230015;3455 Stoneman Road; $3,092.45; $243,783.06; $1,390.61; N/A; N/A;
N/A; N/A; $4,483.06
Peckosh, Valerie B DMD & Thomas F Jr; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec
28 T89N-R2E (UND 1/4 INT); 1028230016; 3455 Stoneman Road; $243,783.06;
$3,092.45; $1,390.61; N/A; N/A; N/A; N/A; $4,483.06
Peckosh, Thomas F Jr & Valerie B; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28
T89N R2E (UND 1/8 INT); 1028230018; 3455 Stoneman Road; $118,451 .53; $1,546.22;
$695.31; N/A; N/A; N/A; N/A; $2,241.53
MB Real Estate Of Dubuque LLC; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 SEC 28
T89N-R2E (UND 1/8 INT); 1028230017; 3455 Stoneman Road; $118,451.53; $1,546.22;
$695.31; N/A; N/A; N/A; N/A; $2,241.53
Bierie Dental Building LLC; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N-R2E
(UND 1/4 INT); 1028230014; 3455 Stoneman Road; $243,783.05; $3,092.44; $1,390.61;
N/A; N/A; N/A; N/A; $4,483.05
M&D Real Estate 1 LLC; LOT 1-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 SEC 28 T89N-R2E;
1028230019; 3435 Stoneman Road; $817,200.21; $12,369.78; $6,480.44; N/A; N/A; N/A;
N/A; $18,850.21
Greenstate Credit Union; Lot 1 Greenstate Place; 1028230020; 3425 Stoneman Road;
$299,681.70; $17,789.32; N/A; $7,274.78; $4,678.60; $1,639.00; N/A; $31,381.70
Greenstate Credit Union; Lot 2 Greenstate Place; 1028230021; 1475 John F. Kennedy
Rd; $1,763,327.15; $14,822.11; N/A; N/A; N/A; $1,507.88; $61,217.16; $77,547.15
Kennedy Mall Inc; Bal Lot 1-1-1-1-1 Hawkeye Stock Farm; 1028276002; 555 John F.
Kennedy Rd; $4,143,111.45; $74,031.45; N/A; $19,080.00; N/A; N/A; N/A; $93,111.45
10. Asbury Road and John F. Kennedy Road Emergency Traffic Signal Repair: Upon
motion the documents were received and filed, and Resolution No. 16 -23 Accepting the
Asbury Rd & JFK Rd Emergency Traffic Signal Repair Project and authorizing the
payment to the contractor was adopted.
RESOLUTION NO. 16-23
ACCEPTING THE ASBURY RD & JFK RD EMERGENCY TRAFFIC SIGNAL REPAIR
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Asbury Road and John F. Kennedy
Emergency Traffic Signal Repair, (the Project) has been completed by the Contractor,
McDermott Excavating. (Contractor), the City Engineer has examined the work and rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $103,114.60; and
Whereas, the Contractor has previously been paid $97,958.88, leaving a balance of
$5,155.74; 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 $5,155.74 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 17th day of January 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
11. Industrial Pretreatment Coordinator Position: City Manager recommended City
Council approval to create the Industrial Pretreatment Coordinator position, which will be
funded by increasing the Industrial Pretreatment Customer fees and charges, as deter-
mined through the budget process. Upon motion the documents were received, filed, and
approved.
12. Two (2) Parking Enforcement Officer Full-Time Position Recommendations: City
Manager recommended the addition of two full-time Parking Enforcement Officers and
reduce the number of part-time officers from six budgeted to three. Upon motion the doc-
uments were received, filed, and approved.
13. Contracted Services Agreement – Crescent Community Health Center: Upon mo-
tion the documents were received, filed, and approved.
14. Signed Contract(s): Strand Associates, Inc. for the Poly- and Perfluoralkyl Sub-
stances (PFAS) Treatment Evaluation. Upon motion the documents were received and
filed.
15. Improvement Contracts / Performance, Payment, and Maintenance Bonds: 8th
Street Paver Reconstruction; Green Alley Retaining Wall - 2406, 2408 & 2410 Queen
Street between Queen Street and Windsor Avenue. Upon motion the documents were
received, filed, and approved.
16. Approval of Retail Alcohol Licenses: Upon motion the documents were received
and filed, and Resolution No. 17-23 Approving applications for retail alcohol licenses, as
required by City of Dubuque Code of Ordinances Title 4 Business and License Regula-
tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 17-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, 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 retail alcohol licenses have been submitted and filed with
the City Council for approval, and the same have been examined, provisionally appro ved,
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 license types to the following applicants pending submis sion of the locally required
documentation:
Renewals
Chopper's, 601 Rhomberg Ave.
Eagles Club, 1175 Century Dr.
Four Mounds Inn & Conference Center, 4900 Peru Rd.
Hy-Vee Fast and Fresh Express 2, 2435 NW Arterial
Noonan's Tap, 1618 Central Ave.
Phoenix Theatres, 555 John F Kennedy Rd.# 105
Sportsters Pub & Grub, 2600 Central Ave.
The Vault Restaurant And Cocktail Lounge, 342 Main St.
Passed, approved, and adopted this 17 day of January 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
17. Transfer of certain leases for City conduit from Comelec Internet Services to ImOn
Communications: Upon motion the documents were received, filed, and approved.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Sprank. Motion carried 7 -0.
1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and
between the City of Dubuque, Iowa, and Switch Development, LLC for the Issuance of
Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development
Agreement: Upon motion the documents were received and filed and Resolution No. 18 -
23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on
the Proposed Development Agreement by and between the City of Dubuque and Switch
Development, LLC., including the proposed issuance of Urban Renewal Tax Increment
Revenue Grant Obligations to Switch Development, LLC, and providing for the publication
of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on February 6, 2023 in the Historic Federal Building.
RESOLUTION NO. 18-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE AND SWITCH DEVELOPMENT, LLC., INCLUD-
ING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE-
NUE GRANT OBLIGATIONS TO SWITCH DEVELOPMENT, LLC, AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, Switch Development, LLC, as Developer, is the owner of the following de-
scribed real property:
Lot 2 of Switch Development at JFK No. 1, in the City of Dubuque, Iowa, according
to the recorded Plat thereof according to the Plat recorded as Instrument No. 2021-
15183, records of Dubuque County, Iowa (the Property); and
Whereas, the Property is located in the John F. Kennedy Road Urban Renewal Area
(the District) which is an economic development area (the Project Area) as defined by
Iowa Code Chapter 403 (the Urban Renewal Law); and
Whereas, Developer will be constructing an office/commercial building on the Property,
and operating the same as a retail/commercial business during the term of this Agree-
ment; and
Whereas, Developer will make an additional capital investment in building improve-
ments, equipment, furniture, and fixtures in the Property (the Project); and
Whereas, City has determined that the Project will require certain traffic safety improve-
ments to the public right of way of John F. Kennedy Road and West 32 nd Street and
Developer agrees that such Required Intersection Improvements are reasonable and
necessary; and
Whereas, Developer is willing to pay for a portion of the traffic safety improvements at
the intersection of John F. Kennedy Road and West 32nd Street required due to the addi-
tional traffic generated by the Project; and
Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban
Renewal Plan for the Project Area, City has the authority to enter into contracts and
agreements to implement the Urban Renewal Plan, as such Urban Renewal Plan may be
amended; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Switch Development, LLC, referred to therein as Urban Renewal
Tax Increment Revenue Grant Obligations, payable from the tax increment revenues col-
lected in respect of the Improvements to be constructed by Switch Development, LLC in
accordance with the Development Agreement, for the purpose of carrying out the objec-
tives of an Urban Renewal Plan as hereinafter described; and
Whereas, the Dubuque City Council believes it is in the best interests of the City to
encourage Developer in the development of the Property; and
Whereas, before said Obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution
and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hear-
ing on the City Council’s intent to approve the proposed Development Agreement, to be
held on the 6th day of February, 2023 at 6:30 p.m.
Section 2. The City Council will also meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli-
gations, the proceeds of which obligations will be used to carry out certain of the special
financing activities described in the Urban Renewal Plan for the John F. Kennedy Road
Urban Renewal Area, consisting of the funding of economic development grants to Switch
Development, LLC, pursuant to the Development Agreement under the terms and condi-
tions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax
Increment Revenue obligations will be approximately $200,000.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulatio n in said City, said publica-
tion to be not less than four days nor more than twenty days before the date of said
meeting on the approval of the Development Agreement and the issuance of said obliga-
tions.
Section 4. That the Notice of the proposed action shall be in substantially the form
attached hereto.
Passed, approved, and adopted this 17th day of January, 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC HEARINGS
1. Amend Unified Development Code Section 16-11-8 Subdivision Design Standards
and Section 16-13-3 Site Development Requirements: Motion by Jones to receive and
file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Sprank. Planning Services Manager Wally Werni-
mont provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 2-23 Amending
City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11
Land Subdivision, Section 16-11-8 by adding a new Subsection B Extension of Public
Improvements; and amending Chapter 13 Site Design Standards, Section 16-13-3 by
adding a new Section 16-13-3-1 Extension of Public Improvements and renumbering Sec-
tions 16-13-3-2 through 16-13-3-7. Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL-
OPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16 -11-8 BY ADDING
A NEW SUBSECTION B EXTENSION OF PUBLIC IMPROVEMENTS; AND AMEND-
ING CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-3 BY ADDING A NEW
SECTION 16-13-3-1 EXTENSION OF PUBLIC IMPROVEMENTS AND RENUMBERING
SECTIONS 16-13-3-2 THROUGH 16-13-3-7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-11-8 is amended by delet-
ing Subsection B and substituting the following in lieu thereof:
16-11-8: SUBDIVISION DESIGN STANDARDS:
. . . .
B. Extension of Public Improvements:
1. Definitions: For purposes of this Chapter, the following terms have the following
meanings:
Development: Any change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations for which necessary permits may be required.
Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic cable
facilities buried alongside a roadway or surface mounted on a bridge, overpass, or
other facility where placement below ground is impossible or impractical. “Fiberoptic
network conduit” does not include electronics or cable.
Public Improvement: Streets, sanitary sewers, water mains, streetlights, side-
walks, bike/hike trails, and fiberoptic network conduit.
2. Requirement of Developer: For all subdivision or site plan developments, the de-
veloper shall extend all public improvements within and through the subdivision or site
development, and to the property lines, to provide for their extension to adjacent prop-
erties.
Public improvements shall be designed and installed in accordance with the cur-
rent city standards and specifications and within the time frame specified in the res-
olution approving the final plat or improvement plan. The developer shall pay the
total cost of engineering and construction of extensions of such public improve-
ments.
Plans for such extensions must be approved by the city engineer. The city engi-
neer may grant a waiver of the extension requirements on such terms and conditions
as the city engineer determines appropriate.
3. Water Mains:
a. Water mains must be sized to meet requirements for domestic plus fire flow
water demands and in accordance with city. The city may require the design and
construction of water mains with the ability to service lands other than the
immediately adjoining land and may require installation o f water mains sized larger
than the minimum required to provide domestic and fire flow needs for the develop-
ment. In this circumstance, the city will consider reimbursing the developer for the
incremental difference in material cost above that of the cost for water main materi-
als needed to provide domestic and fire flow needs subject to the availability of funds
as determined by the city. The city will not reimburse the developer for water mains
above 8-inch if larger diameter water main is needed to provid e domestic plus fire
flow water demands in the development.
b. Only mains sized larger than an 8-inch main may be considered eligible for
reimbursement purposes. The reimbursement will be based on the difference in pipe
and fitting costs only, and no allowance will be made for the difference in installation
costs. The developer must provide the city engineer with a current pipe supplier
price list for the water main pipe and appurtenances needed to serve the develop-
ment and the price for the increased pipe size and appurtenances. The city engineer
will calculate the reimbursement amount and will document the reimbursement
amount in an agreement between the city and the developer.
c. In areas where water main may be extended by a developer past properties
owned by others outside of the final plat so as to serve the area of the final plat,
such extension shall be at no expense to the city. The city shall not be obligated to
collect any portion of this cost for reimbursement to the developer.
4. Sanitary Sewers:
a. All sanitary sewers mains must be a minimum of 8-inch diameter pipe.
b. The sanitary sewer extension must be sized by the developer and approved
by the city engineer to serve the development and the development of upstream
sewershed property that may be served by the sewer extension.
c. When the upstream sewershed property would require the developer to in-
crease the pipe diameter, the city will consider reimbursing the developer for the
incremental cost difference in sanitary sewer pipe above the cost for sanitary sewer
pipe needed to provide service for the development, as determined by the city en-
gineer and subject to the availability of funds as determined the city. The reimburse-
ment will be based on the difference in sanitary sewer pipe costs only and no allow-
ance will be made for the difference in installation costs.
d. The city will not reimburse developers for any increase in sanitary sewer pipe
diameter beyond 8-inch diameter if the increase in size is a direct result of the de-
velopment needs.
5. The developer must provide the city engineer with a current pipe supplier price
list for the sanitary sewer pipe needed to serve the development and the price for the
increased sanitary sewer pipe size. The city engineer will calculate the reimbursement
amount and will document the reimbursement amount in an agreement between the
city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the develop-
ment, the developer is responsible for proper capacity sizing of the lift station and force
main to serve the development to accept flow from upstream sewershed properties.
7. When the upstream sewershed properties would require the developer to in-
crease the sanitary sewer lift station capacity, the city will consider reimbursing the
developer for the incremental cost difference in sanitary sewer lift station capacity
above the cost for the sanitary sewer lift station needed to provide capacity for the
development, as determined by the city engineer and subject to the availability of funds
as determined by the city. The reimbursement will be based on the difference in sani-
tary sewer lift station costs only and no allowance will be made for the difference in
installation costs.
8. The developer must provide the city engineer with a current supplier price list for
the sanitary sewer lift station and force main needed to serve the development and a
separate price list for the components needed for the increased lift station capacity.
The city engineer will calculate the reimbursement amount and will document the re-
imbursement amount in an agreement between the city and the developer.
Section 2. City of Dubuque Code of Ordinances Title Section 16-13-3 is amended by
adding a new Section 16-13-3-1 as follows:
16-13-3-1: EXTENSION OF PUBLIC IMPROVEMENTS:
A. Installation Of Improvements: Public improvements including streets, sanitary
sewers, storm sewers, stormwater management facilities, water mains, street lighting,
street trees, and sidewalks shall be installed in accordance with the city standards.
1. Definitions: For purposes of this Chapter, the following terms have the following
meanings:
Development: Any change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations for which necessary permits may be
required.
Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic
cable facilities buried alongside a roadway or surface mounted on a bridge, over-
pass, or other facility where placement below ground is impossible or impractical.
“Fiberoptic network conduit” does not include electronics or cable.
Public Improvement: Streets, sanitary sewers, water mains, streetlights, side-
walks, bike/hike trails, and fiber conduit.
2. Requirement of Developer: For all subdivision or site plan developments, the de-
veloper shall connect all public improvements to other streets, sanitary sewers, water
mains, streetlights, and fiber network conduit, and bike/hike trails within and through
the subdivision or site development, and to the property lines, to provide for their ex-
tension to adjacent properties.
Public improvements shall be designed and installed in accordance with the
current city standards and specifications and within the time frame specified in
the resolution approving the final plat or improvement plan. The developer shall
pay the total cost of engineering and construction of extensions of such public
improvements.
Plans for such extensions must be approved by the city engineer. The city
engineer may grant a waiver of the extension requirements on such terms and
conditions as the city engineer determines appropriate.
3. Water Mains:
a. Water mains must be sized to meet requirements for domestic plus fire flow
water demands and in accordance with city. The city may require the design and
construction of water mains with the ability to service lands other than the immedi-
ately adjoining land and may require installation of water mains sized larger than
the minimum required to provide domestic and fire flow needs for the development.
In this circumstance, the city shall reimburse the developer for the incremental dif-
ference in material cost above that of the cost for water main materials need ed to
provide domestic and fire flow needs. The city will not reimburse the developer for
water mains above 8-inch if larger diameter water main is needed to provide do-
mestic plus fire flow water demands in the development.
b. Only mains sized larger than an 8-inch main may be considered eligible for
reimbursement purposes. The reimbursement will be based on the difference in pipe
and fitting costs only, and no allowance will be made for the difference in installation
costs. The developer must provide the c ity engineer with a current pipe supplier
price list for the water main pipe and appurtenances needed to serve the develop-
ment and the price for the increased pipe size and appurtenances. The city engineer
will calculate the reimbursement amount and will d ocument the reimbursement
amount in an agreement between the city and the developer.
c. In areas where water main may be extended by a developer past properties
owned by others outside of the final plat so as to serve the area of the final plat,
such extension shall be at no expense to the city. The city shall not be obligated to
collect any portion of this cost for reimbursement to the developer.
4. Sanitary Sewers:
a. All sanitary sewers mains must be a minimum of 8-inch diameter pipe.
b. The sanitary sewer extension must be sized by the developer and approved
by the city engineer to serve the development and the development of upstream
sewershed property that may be served by the sewer extension.
c. When the upstream sewershed property would require the developer to in-
crease the pipe diameter, the city shall reimburse the developer for the incremental
difference in sanitary sewer pipe cost above the cost for sanitary sewer pipe needed
to provide service for the development. The reimbursemen t will be based on the
difference in sanitary sewer pipe costs only and no allowance will be made for the
difference in installation costs.
d. The city will not reimburse developers for any increase in sanitary sewer pipe
diameter beyond 8-inch diameter if the increase in size is a direct result of the de-
velopment needs.
5. The developer must provide the city engineer with a current pipe supplier price
list for the sanitary sewer pipe needed to serve the development and the price for the
increased sanitary sewer pipe size. The city engineer will calculate the reimbursement
amount and will document the reimbursement amount in an agreement between the
city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the develop-
ment, the developer is responsible for proper capacity sizing of the lift station to accept
flow from upstream sewershed properties.
7. When the upstream sewershed properties would require the developer to in-
crease the sanitary sewer lift station capacity, the city shall reimburse the developer
for the incremental difference in sanitary sewer lift station capacity cost above the cost
for the sanitary sewer lift station needed to provide capacity for the development as
determined by the city engineer. The reimbursement will be based on the difference in
sanitary sewer lift station costs only and no allowance will be made for the difference
in installation costs.
Section 3. Sections 16-13-3-1 through 16-13-3-6 are renumbered as follows:
16-13-3-2: SITE LIGHTING:
. . . .
16-13-3-3: UTILITY LOCATIONS:
. . . .
16-13-3-4: STORMWATER MANAGEMENT:
. . . .
16-13-3-5: PARKING STRUCTURES:
. . . .
16-13-3-6: PARKING LOT LAYOUT:
. . . .
16-13-3-6-1: PARKING LOT PROVISIONS FOR BICYCLE PARKING:
. . . .
16-13-3-6-2: PARKING LOT LIGHTING:
. . . .
16-13-3-6-3: STANDARD PARKING SPACE DIMENSIONS:
. . . .
16-13-3-7: SIDEWALKS AND WALKWAYS:
. . . .
Section 4. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of January, 2023.
/s/ Laura J. Roussell, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of January, 2023.
/s/Adrienne N. Breitfelder
2. Amend Dubuque Technology Park Planned Unit Development: Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Farber. Planning Services Manager
Wally Wernimont provided a staff report. Responding to a question from the City Council,
City Manager Van Milligen stated that ImOn Communications intends to create redun-
dancy to respond to potential fiber cuts. Applicant Joe Myers, 683 6th Ave., Convoy, IA,
stated that ImOn Communications intends to have north and south hub s in Dubuque.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 3-23 Amending
Title 16 Unified Development Code of the City of Dubuque Code of Ordinances by re-
scinding Ordinance 13-08 and adopting the Amended Dubuque Technology Park
Planned Unit Development Ordinance with Planned Industrial Designation and Concep-
tual Plan. Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO 3 - 23
AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-08 AND ADOPTING THE
AMENDED DUBUQUE TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT OR-
DINANCE WITH PLANNED INDUSTRIAL DESIGNATION AND CONCEPTUAL PLAN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by rescinding Ordinance 13 -08 and adopting amended Dubu-
que Technology Park Planned Unit Development with PI Planned Industrial designation
ordinance and conceptual plan for the following property legally described, to wit:
Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1-10,
11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque
Technology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3;
Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the ad-
joining public right-of-way, all in the City of Dubuque, Iowa.
B. Definitions
1. Building-Related Features: Building related features are defined as all con-
structed items which rise above the grade surface of the lot. These include:
a. The primary building.
b. All accessory or secondary buildings.
c. All exterior storage areas.
d. Exterior refuse collection areas.
e. Exterior mechanical equipment.
f. Containerized or tank storage of liquids, fuels, gases, and other materials.
2. Vehicle-Related Features: Vehicle-related features are defined.as all areas
used for the movement and parking of all vehicles within the lot. These include:
a. Employee and visitor parking spaces.
b. Driveways from the street right-of-way line to and from parking spaces.
c. Loading spaces outside of the building.
d. Maneuvering space and driveways to and from loading spaces.
e. Parking spaces for company-owned commercial vehicles.
f. Fire lanes.
3. Open Space Features: Open space features are defined as those exterior areas
and developed features of the lot which include:
a. Landscaped space containing lawn areas and plantings.
b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entry-
ways, and courtyards.
c. Surface storm water detention areas not otherwise used for building-related
or vehicle-related purposes.
d. Open recreation areas and recreational trail.
e. Other non-building and non-vehicular related space.
4. "Carry-out Restaurant" - shall mean an establishment where all of the meals or
food are prepared for customers to take out of the establishment.
5. "Properties" shall mean and refer to each and every parcel, and all portions
thereof, of the real property herein before described and such additions thereto
as may be hereafter added.
6. "Lot" shall mean and refer to any plot of land, except Public Areas and public
rights-of way, shown upon any recorded Subdivision Plat of the Properties.
7. "Owner" shall mean and refer to the record titleholder, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as
security for the performance of an obligation.
8. "Public Areas" shall mean and refer to the landscaped areas, recreation al trail,
park lands and storm water retention and detention areas as identified by the
plat attached hereto as Lots D and E and hereby made a part of this Declaration
the ownership of which shall be retained by the City of Dubuque. The Public
Areas shall be open to the public for the use and enjoyment of the public.
C. Use Regulations: The following regulations shall apply to all uses made of land in
this PUD District:
Zone A: General Purpose and Description: Properties denoted on Attachment A
as Zone A are intended to provide space for corporate offices, professional offices,
and technology-oriented companies involved with software development, infor-
mation technologies and other emerging technologies.
1. Principal permitted uses within Zone A shall be limited to:
a. Public or quasi-public utilities including substations
b. General offices
c. Medical/dental lab
d. Mail order houses
e. Printing and publishing
f. Laboratories for research or engineering
Parking shall be provided in accordance with Chapter 14 of the Unified Devel-
opment Code.
2. Conditional uses shall be limited to:
a. Licensed childcare center within the principal structure of a permitted use or
in an accessory structure on the same lot. Licensed childcare centers are
subject to state and local regulations;
1) All applicable State requirements must be met;
2) Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
3) All license(s) have been issued or have been applied for awaiting the out-
come of the Board's decision;
4) The parking group requirements must be met;
5) The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long
as the group day care center is so located, continue to comply with all
local, state and federal regulations governing hazardous substances, haz-
ardous wastes, and hazardous materials, including but not limited to Iowa
Code Chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Com-
prehensive Environmental Response Compensation and Liability Act; 40
C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and
Reauthorization Act of 1986; and
6) If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, the Emergency Man-
agement Director shall certify whether or not the applicant has submitted
a current inventory of extremely hazardous substances kept or stored on
the premises. If any such extremely hazardous substances are kept or
stored on the premises, the applicant shall also post in a conspicuous
place on the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards presented by
such substances.
3. Accessory uses shall be limited to:
a. Retail outlets within the principal structure of a permitted use, selling products
produced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
c. Licensed childcare centers shall not be allowed as an accessory use.
Zone B: General Purpose and Description: Properties designated as Zone B
can be developed for office and technology-oriented businesses as in Zone A
or a limited amount of commercial development.
1. Principal permitted uses shall be limited to:
a. Public or quasi-public utilities, including substations.
b. General Offices
c. Medical/dental lab
d. Mail order houses
e. Printing and publishing
f. Laboratories for research or engineering
g. Business services
h. Retail/dry cleaner within a primary building only
i. Indoor restaurant
j. Carry-out restaurant within a primary building only
k. Drive-up automated bank teller within a primary building only
l. Banks, savings and loans, and credit unions within a primary building only
Parking shall be provided in accordance with Chapter 14 of the Unified Devel-
opment Code.
2. Conditional uses shall be limited to:
a. Licensed childcare center
1) All applicable State requirements must be met;
2) Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
3) All license(s) have been issued or have been applied for awaiting the out-
come of the Board's decision;
4) The parking group requirements must be met;
5) The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long
as the group day care center is so located, continue to comply with all
local, state and federal regulations governing hazardous substances, haz-
ardous wastes, and hazardous materials, including but not limited to Iowa
Code Chapter 455B(1991); 42 U.S.C. Section 9 601 of the Federal Com-
prehensive Environmental Response Compensation and Liability Act; 40
C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and
Reauthorization Act of 1986; and
6) If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, the Emergency Man-
agement Director shall certify whether or not the applicant has submitted
a current inventory of extremely hazardous substances kept or stored on
the premises. If any such extremely hazardous substances are kept or
stored on the premises, the applicant shall also post in a conspicuous
place on the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards presented by
such substances.
3. Accessory uses shall be limited to:
a. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to:
a. Any use listed as a permitted use within this PUD District of a limited duration
as established and as defined in Chapter 3 -19 of the Unified Development
Code.
Zone C: General Purpose and Description: Properties designated as Zone C
can be developed for public or quasi-public utilities.
1. Principal permitted uses shall be limited to:
a. Public or quasi-public utilities, including substations and fiber optic hubs.
D. Lot and Bulk Regulations: Development of land in the PUD District shall be regu-
lated as follows:
1. All building structures and activities shall be located in conformance with the
attached conceptual development plan and all final site development plans shall
be approved in accordance with provisions of the PUD District regulations of
this ordinance and of Chapter 5-24 of the Unified Development Code.
2. All building-related features shall be in accordance with the following lot and
bulk regulations:
a. Maximum lot coverage shall be limited to 80%. All building and vehicle - re-
lated features shall be considered when calculating total land area coverage.
b. Setbacks:
• Minimum front yard setback along Highway 61/151=25 ft.
• Minimum front yard setback along Lake Eleanor Rd=50 ft.
• Minimum front yard setback on internal streets = 50 ft.
• Minimum side yard setback = 25 ft.
• Minimum rear yard setback = 25 ft.
• Minimum front yard setback within Zone C = 15 ft.
c. Within required front, side, and rear setbacks, only driveways, fire lanes, open
space features, and primary and secondary signage are allowed. Parking lots
may encroach up to 25 feet into a 50-foot front yard setback, provided addi-
tional screening is provided as required in the Landscaping Regulations sec-
tion of this PUD Ordinance.
E. Parking Regulations
1. All vehicle-related features shall be surfaced with either asphalt or concrete.
2. Curbing and proper surface drainage of stormwater shall be provided.
3. All parking and loading spaces shall be delineated on the surfacing material by
painted strips or other permanent means.
4. The number, size and design of parking spaces shall be governed by applicable
provisions of City of Dubuque Ordinances enforced at the time of development
of the lot.
5. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state, or federal require-
ments in effect at the time of development.
6. The location and number of private driveway intersections with public streets
shall be established by the City of Dubuque. Access to all lots shall be limited
to the internal streets of this PUD District.
7. No on-street maneuvering of delivery vehicles will be allowed on any type of
through street. Lots adjoining through streets shall provide all necessary ma-
neuvering space for delivery vehicles within the boundaries of the lots.
F. Landscaping Regulations
1. Plant Materials. The open space of each lot shall be planted with permanent
lawn and ground covers, shrubs, and trees. It is the intent of these regulations
that the development of required open spaces shall reflect a high quality of en-
vironmental design. The following provisions shall apply for each lot.
a. Landscape plans are required as part of submittals for site plan review. Land-
scape plans are to include type, number, and size of proposed plantings. As
a minimum, the submitted landscape plan should include the following:
No vehicle-related features except driveways and fire lanes shall be allowed
within 25 feet of the of the property line.
For every one (1) acre of lot size, four (4) trees shall be required to a maximum
of 40 trees. Each required tree shall be at least two (2) inches in diameter at
planting.
Shrubs shall be used to screen parking areas and provide accent around build-
ings. Shrubs shall be of varieties approved for this PUD District and listed in
the covenants for this PUD District.
Parking areas located in front yards shall be screened with a combination of
trees, shrubs, or berms to provide a landscape screen of 25% opacity.
Parking areas located in front yards and encroaching up to 25 feet into a 50 -
foot front yard setback shall be screened with a combination of trees, shrubs,
and berms to provide a landscape screen of 50% opacity.
2. The installation of required planting materials may be phased in direct proportion
to the phasing of building construction. All exposed soil areas remaini ng after
the construction of building and vehicle -related features shall be planted with a
permanent ground cover to prevent erosion. Within one (1) year following com-
pletion of construction, or by the date that a building is issued an occupancy
certificate by the Building Safety Department of the City of Dubuque, whichever
first occurs, required landscaping shall be installed.
3. The lot owner is required to replant any and all plant materials which have died
due to any cause during the effective period of this PUD Ordinance.
4. The area between the public street and the right -of-way line shall be planted
with grass and maintained by the lot owner. In addition, the lot owner will main-
tain City installed street trees planted between the street and the right -of- way
line, including replacing trees that have died due to any cause.
5. Pedestrian access: Permanent hard-surfaced walkways shall be installed and
maintained by the owner for purposes of pedestrian movement between all
parking areas and functioning entries and exits of the buildings.
6. PUD District landscaping: Landscaping of this PUD District shall be in accord-
ance with the landscape plan, a copy of which is attached and made a part of
this PUD Ordinance.
G. Sign Regulations
1. Applicability of City of Dubuque Ordinances: Chapter 15 of the Unified Develop-
ment Code Sign Regulations shall apply unless further regulated by this section.
2. Off-Premise Signs: No off-premise signs shall be erected or constructed on the
property of this PUD District or on any of the private lots or buildings within this
PUD District.
3. On-Premise Signs:
a. Allowable content: signs messages and graphics shall be limited to the fol-
lowing contents:
1) PUD District signs
• Entrance signs
• Directory signs
• Street address
2) Primary signs
• Identification of company name
• Identification of company products or services by generic name only
• Street address
• Graphic symbol or logo identified with the company
3) Secondary signs
• Directional messages necessary for the safe and efficient flow of vehic-
ular and pedestrian traffic on
• Identification of visitor entrances to the building, shipping, and receiving
docks and other delivery
• Identification of assigned parking spaces and parking spaces accessible
to persons with disabilities
• Temporary announcements of pending or new construction
• Commemorative messages
b. Allowable Structural Types:
1) PUD District signs
• Monument-style
2) Primary signs
• Wall-mounted
• Monument-style
3) Secondary signs
• Wall-mounted
• Monument-style
c. Maximum number of signs:
1) PUD District signs
• Not to exceed a total of six (6) signs in PUD District
2) Primary signs
• One (1) wall-mounted sign per street frontage per business
• One (1) monument-style sign per lot location; restricted to frontages on
interior streets only.
3) Secondary signs
• No maximum number
d. Maximum Sign Area:
1) PUD District signs
• Entrance signs: 200 square feet per sign face
• Directory signs: 30 square feet per sign face
2) Primary signs
• Wall-mounted sign: 15% of the area of the building wall upon which it is
mounted
• Monument-style signs: 100 square feet per sign face
3) Secondary signs
• Limited to six (6) square feet
e. Height Regulations:
1) PUD District sign
• 12 feet, measured from average grade to top sign structure
2) Primary signs
• 10 feet, measured from average grade to top of structure
3) Secondary signs
• 6 feet, measured from average grade to top of sign structure
f. Variance requests from sign requirements for sign, number and height shall
be reviewed by the Zoning Board of Adjustment in accordance with Chapter
8-6 of the Unified Development Code.
g. Lighting: PUD District Signs and primary and secondary signs may be illumi-
nated only by means of indirect lighting whereby all light sources and devices
are shielded from view by opaque or translucent materials, or internally illu-
minated by means of a light source completely enclosed by the sign panel.
h. Motion: No signs may include any device or means, mechanical, electrical,
or natural, which shall cause any motion of the sign panel or any part thereof.
No flashing lights or changing colors shall be allowed.
H. Performance Standards: The development and maintenance of uses in this PUD
District shall be established in conformance with Chapter 13 of the Unified Devel-
opment Code and the following standards:
1. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Screened storage areas.
iv. Building exterior.
b. Location and Design:
i. All exterior lighting shall be designed, installed, and maintained so as not
to cause glare or to shine into adjacent lots and streets.
ii. No light source shall provide illumination onto adjacent lots, buildings, or
streets in excess of 1.0-foot candle.
iii. All exterior lighting luminaires shall be designed and installed to shield
light from the luminaire at angles above 72 degrees from vertical.
iv. A lighting plan shall be included as part of site plan submittals that indi-
cates types of lights used and ground light pattern for building lighting of
building and parking related features.
v. Fixtures mounted on a building shall not be positioned higher than the
roof line of the building.
vi. The top of post mounted free-standing fixtures shall not be higher than
30 feet above the ground.
vii. Wooden utility type poles are acceptable only for temporary use during
construction.
viii. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
2. Utility Locations
a. Service lines: All electrical, telephone, cable and other similar utility lines
serving the building and other site features shall be located underground.
b. Mechanical equipment: all electrical transformers, switching gear, relay
boxes, meters, air conditioning units, heat pumps and other similar mechan-
ical equipment, including roof mounted mechanical equipment, shall be
screened from view. Mechanical equipment shall be screened in such a man-
ner that it will appear to be an integral part of the building's overall architec-
tural design. Fencing of at least 50% opacity, masonry walls, or plantings
may be used to visually screen mechanical equipment.
3. The recreational trail shall be placed six (6) feet behind the curb parallel to the
street on the north side of the cul-de-sac street and the east side of the major
street that runs north to south to link the perimeter recreational trail. The recre-
ational trail shall be internal to this PUD District and shall not be placed on the
north side of Lake Eleanor Road. The recreational trail shall be placed in ac-
cordance with the conceptual development plan.
4. Final site development plans shall be submitted in accordance with Chapter 1 2
of the Unified Development Code prior to construction of each building and ve-
hicle-related feature unless otherwise exempted by Chapter 12.
5. Stormwater 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 drainageways outside the lot in a
means that is satisfactory to the Public Works Department of the City of Dubu-
que.
6. Maintenance Assessments
a. City shall levy against the Properties in each assessment year an annual
assessment for the purpose of paying fifty percent (50%) of the actual costs
of City's maintenance and repair of the Public Areas and the actual costs
associated with maintaining and lighting entrance signs. Said assessment
may also include the establishment of a capital improvements reserve fund
for such purposes. Upon establishment of such assessment levy, each
Owner shall pay to City a pro rata share (as hereinafter defined) of such as-
sessment levy,
b. If such pro rata share is not paid within thirty (30) days of its due date, the
amount of such pro rata share shall become a lien upon the Lot obligated to
pay the same and shall bear interest from the due date at the highest legal
contract rate applicable to a natural person. City may bring an action at law
against any Owner obligated to pay the same or foreclose the lien against
the Lot. The Owner shall also be obligated to City for City's costs and rea-
sonable attorney's fees of any collection efforts. No Owner may waive or oth-
erwise avoid liability for an assessment provided herein by non -use of the
Public Areas or abandonment of a lot.
c. An Owner's pro rata share shall be equal to a fraction, the numerator of which
shall be the gross square feet area of the Lot owned by the Owner and the
denominator of which shall be the gross square feet area of the Properties
exclusive of the Public Areas and public rights-of way.
d. Other applicable regulations enforced by the City of Dubuque relative to
stormwater management and drainage shall apply to properties in this PUD
District.
7. The conceptual development plan shall serve as the preliminary plat for this
PUD District. Subdivision plats and improvement plans shall be submitted in
accordance with Chapter 11 Land Subdivision, of the Unified Development
Code.
8. Operations within enclosed buildings: All operations and activities shall be con-
ducted or maintained within completely enclosed buildings, except:
a. Off-street parking and loading spaces.
b. Employee recreational facilities.
c. Outdoor or exterior storage.
9. Noises generated within this PUD District shall be regulated by Title 6, Chapter
5 Noises, of the City of Dubuque Code of Ordinances.
10. All loading docks for shipping and receiving of raw and manufactured goods
shall be designed to provide for the direct movement of goods between the de-
livery vehicle and the interior of the building. Loading docks shall generally be
restricted to the rear façade of a building. Loading docks may only be a llowed
on a side facade of a building with approval granted through the design review
process provided in the Dubuque Technology Park covenants. Buildings located
on corner lots shall provide screening that visually obscures the dock from both
street frontages, including any trucks positioned at the dock. No visually ex-
posed platform docks shall be allowed except within fully screened storage ar-
eas. An effective 50% screening of loading doors and docks, measured from
ground level to a height of at least 20 feet, shall be provided through the use of
earthen berms and plantings.
11. Exterior Storage:
a. Exterior storage is prohibited in this PUD District.
12. Exterior Trash Collection Areas:
a. The storage of trash and debris shall be limited to that produced by the prin-
cipal permitted use, conditional uses, and accessory uses of the lot.
b. The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening and this area shall be considered a
building-related feature for purposes of calculating total land area coverages.
c. Exterior trash collection areas shall be located in the rear or side yards only.
d. All exterior trash collection areas and the materials contained therein shall be
visually screened from view. The screening shall be completely opaque
fence, wall or other feature not exceeding a height of 10 feet measured from
the ground level outside the line of the screen. Screens built on slo ping
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. All exterior entrances
to a screened trash area shall be provided with a gate or door of similar design
to that of the screen.
If a 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 re-
quired in addition to the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off• site visibility within
five (5) years.
13. Street lighting: Street lights shall be installed in accordance with City of Dubu-
que standards.
14. Flood Plain Regulations: The area of this PUD District that lies within the flood
plain of Granger Creek shall be subject to the regulations of Chapter 6 -4 of the
Unified Development Code.
15. Phased Construction of Buildings and Parking Spaces: The construction of off-
street parking spaces may be phased in proportion to the percentage of total
building floor area constructed at any one time. Ground area set aside for future
parking, loading spaces or driveways or for parking provided in excess of the
minimum required number of parking spaces shall not reduce the minimum re-
quired area for open space.
16. Other Codes and Regulations: These regulations do not relieve an owner from
other applicable city, county, state and federal codes, regulations, laws, and
other controls relative to the planning, construction, operation and management
of property in the Dubuque Industrial Center/South.
I. Open Space and Recreation Area: These areas designated on the conceptual de-
velopment plan as "open" shall be maintained as open space, as defined by Chap-
ter 2 of the Unified Development Code by the property owner and/or association.
The recreational trail shall be maintained by the property owner and/or association.
J. Ordinance History
1. Ord. 27-97: Rezoning from AG Agricultural District to Planned Unit Development
with a Planned Industrial designation.
2. Ord. 13-08: Amend from Planned Unit Development to Planned Unit Develop-
ment with conditions and changed the name of the PUD district to Dubuque
Technology Park.
K. Transfer of Ownership: Transfer of ownership or lease of property in this PUD
District shall include in the transfer or lease agreement a provision that the pur-
chaser or lessee acknowledges the existence of this PUD District and the
restrictions and conditions existing in this PUD District.
L. Modifications: Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of Chapter 9 -5 of
the Unified Development Code.
M. Recording: A copy of this ordinance shall be recorded in the office of the Dubuque
County Recorder as a permanent record of this amendment.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
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 17th day of January, 2023.
/s/ Laura J. Roussell, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of January, 2023.
/s/Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Amending the Declaration of Covenants, Conditions, Restrictions, Reservations,
Easements, Liens, and Charges for the Dubuque Industrial Center: Motion by Resnick to
receive and file the documents and adopt Resolution No. 19-23 Approving an Amendment
to Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens
and Charges for property in Dubuque Industrial Center West Dubuque Industrial Center
West 2nd Addition Dubuque Industrial Center West 5th Addition and Dubuque Industrial
Center North First Addition and Resolution No. 20-23 Approving an Amendment to Dec-
laration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and
Charges for property in Dubuque Industrial Center South First Addition. Seconded by
Farber. Motion carried 7-0.
RESOLUTION NO. 19-23
APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS, AND CHARGES FOR
PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL
CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDI-
TION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
Whereas, the City Council of the City of Dubuque adopted on October 25, 1999 the
Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and
Charges (the Covenants), recorded November 16, 1999 as Instrum ent no. 17454-99, as
amended, covering the following described Properties:
Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D;
Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002,
recorded on April 30, 2002 as Instrument no. 7990-02;
Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006,
recorded July 7, 2006 as Instrument no. 2006-10389; and
Dubuque Industrial Center North First Addition, by instrument dated February 7,
2011, recorded February 11, 2011 as Instrument no. 2011-2684;
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section
25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center
Township, Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place” in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW ¼ of the SE ¼ of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa;
Lot 1 of Lot 1 of the NW ¼ of the NW ¼ and the South ½ of the NW ¼ in Section
29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa;
Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque,
Iowa, according to the recorded plat thereof;
Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to
the recorded plat thereof; and
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the rec-
orded Plat thereof, subject to easements and restrictions of record; and
Whereas, the City of Dubuque and the Owners of the Properties now desire to amend
the Covenants as set forth in the attached amendment to Declaration of Covenants, Con-
ditions, Restrictions, Reservations, Easements, Liens And Charges for property in Dubu-
que Industrial Center West Dubuque Industrial Center West 2nd Addition Dubuque In-
dustrial Center West 5th Addition and Dubuque Industrial Center North First Addition; and
Whereas, the Amendment revises the Covenants as follows:
Section 4. For purposes of this Article IV, “Properties“ and “Public Areas” shall mean
the Properties and Public Areas described in this Amendment to Declaration of
Covenants and the Properties in Declaration of Covenants, Conditions, Re-
strictions, Reservations, Easements, Liens and Charges for Dubuque Industrial
Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First
Addition, recorded February 5, 2014, Instrument No. 2014-00001147, and all prop-
erty which may be added to such Declarations of Covenants; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The amendment to Declaration Of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens And Charges for property in Dubuque Industrial Center
West Dubuque Industrial Center West 2nd Addition Dubuque Industrial Center West 5th
Addition and Dubuque Industrial Center North first addition is hereby approved.
Section 2. The City Manager is hereby authorized and directed to take such action as
may be necessary to carry out the terms of this Resolution.
Passed, approved, and adopted this 17th day of January, 2023.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 20-23
APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS, AND CHARGES FOR
PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION
Whereas, the City Council of the City of Dubuque adopted on February 3, 2014 the
Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and
Charges (the Covenants), recorded March 5, 2014, as Instrument no. 2014 -00001147,
covering the following described Properties:
Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Cen-
ter South First Addition, recorded February 5, 2014, Instrument No. 2014 -
00001147; and
Whereas, the City of Dubuque and the owners of the properties now desire to amend
the covenants as set forth in the attached amendment to Declaration of Covenants, Con-
ditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubu-
que Industrial Center south first addition; and
Whereas, the Amendment revises the Covenants as follows:
Section 4. For purposes of this Article IV, “Properties” and “Public Areas” shall mean
the Properties and Public Areas described in this Amendment to Declaration of
Covenants and the Properties in Declaration of Covenants, Conditions, Re-
strictions, Reservations, Easements, Liens and Charges, recorded August 10,
2017, Instrument No. 2017-00009921, for the following described Properties:
Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D;
Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002,
recorded on April 30, 2002 as Instrument no. 7990 -02;
Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006,
recorded July 7, 2006 as Instrument no. 2006-10389;
Dubuque Industrial Center North First Addition, by instrument dated February 7,
2011, recorded February 11, 2011 as Instrument no. 2011-2684;
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section
25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center
Township, Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place” in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW ¼ of the SE ¼ of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa;
Lot 1 of Lot 1 of the NW ¼ of the NW ¼ and the South ½ of the NW ¼ in Section
29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and
Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque,
Iowa, according to the recorded plat thereof; and
Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to
the recorded plat thereof; and
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the rec-
orded Plat thereof, subject to easements and restrictions of record and all property
which may be added to such Declarations of Covenants.
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
approve the Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The amendment to Declaration of Covenants, Conditions, Restrictions, Res-
ervations, Easements, Liens, and Charges for property in Dubuque Industrial Center
South first addition is hereby approved.
Section 2. The City Manager is hereby authorized and directed to take such action as
may be necessary to carry out the terms of this Resolution.
Laura J. Roussell, Mayor Pro Tem
Attest: Adrienne N. Breitfelder, City Clerk
2. Greater Dubuque Development Corporation's "YOU Can Be Great Here" Campaign
Videos: Motion by Jones to receive and file the documents and view the videos. Seconded
by Sprank. Media Services displayed three videos that are part of Greater Dubuque De-
velopment Corporation's "YOU Can Be Great Here" Campaign to promote the Greater
Dubuque region. The videos can be viewed at the following link:
https://www.youtube.com/@greaterdubuquedevelopment5306 . Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Pro Tem Roussell offered her condolences to Council Member Wethal on the
loss of her grandmother.
Council Member Jones reported on Special Olympics recently occurring in Dubuque.
Mayor Cavanagh also reported on Special Olympics and the Martin Luther King Jr.
(MLK) community breakfast occurring over the MLK holiday.
Council Member Wethal reported on the Black Thread art exh ibit opening at the Dubu-
que Museum of Art.
Council Member Resnick thanked the Grand River Center for their support in hosting
the MLK community breakfast and expressed enthusiasm for the year ahead.
There being no further business, Mayor Pro Tem Roussell declared the meeting ad-
journed at 7:03 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk